AJAY RAI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Awadhesh Kumar Malviya, learned counsel for the petitioner, Shri Rajesh Kumar Madhesia, learned State Law Officer for the State-respondents, and perused the record.

(2.) By way of the instant petition, the petitioner has challenged the legality and correctness of the impugned F.I.R. registered as Case Crime No.0182 of 2023, under sec. 409 IPC at P.S. Dullahpur, District Ghazipur.

(3.) In brief, the prosecution case is that during an inspection by the Additional District Co-operative Officer at Sikhadi Samiti, the Officiating Secretary i.e. the petitioner was observed engaging in certain illegalities. Immediately, the matter was reported to the Chairman of the Samiti, leading to the petitioner's suspension. Subsequently, vide order dtd. 23/11/2022, by invoking sec. 66 of the Uttar Pradesh Co-operative Societies Act, 1965, a detailed inquiry was conducted by a three-member committee. The findings of the inquiry revealed that the petitioner had misappropriated a sum of Rs.16,17,833.00.