SURENDRA PAL SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Anupam Verma, learned counsel for the petitioner; learned AGA for State-respondents and perused the material on record.

(2.) The above noted habeas corpus writ petition has been filed for following reliefs:-

(3.) The brief facts of the case are that FIR bearing Crime No. 06 of 2026, registered under Ss. 111, 318(4), 336(3), 340(2), 61(2), 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023 at Police Station Talbehat, District Lalitpur, pertains to the affairs of a society duly registered under the provisions of the Multi-State Cooperative Societies Act, 2002. It is submitted that the said society had already gone into liquidation in March, 2025 and, therefore, in view of the specific bar contained under Sec. 117(2) of the Multi-State Cooperative Societies Act, 2002, the continuation or institution of criminal proceedings in relation to the affairs of the society is legally impermissible. It is further submitted that the activities alleged against the society are otherwise governed by the provisions of the Banning of Unregulated Deposit Schemes Act, 2019, and Ss. 27, 29 and 30 thereof specifically contemplate a special mechanism for investigation and prosecution, thereby excluding the ordinary jurisdiction of the local police authorities. Consequently, the registration and investigation of the impugned FIR by the local police authorities are wholly without jurisdiction and liable to be declared non est in the eyes of law.