BRIJESH SHUKLA Vs. STATE OF M. P.

JUDGEMENT

(1.) This is first anticipatory bail application filed on behalf of the applicant under Section 438 of the Cr.P.C. apprehending his arrest in connection with Crime No.817/2019, registered at Police Station Bagsewaniya District Bhopal (MP), for the offence punishable under Sections 420, 406 read with Section 34 of the IPC.

(2.) As per the case of prosecution, an official letter dated 15.12.2019 was given by Rajeev Jain, Cooperative Inspector, to the SHO, P.S. Bagsevania in respect of registering a First Information Report ("FIR") against Ajay Pathak, Chairman, Board of Directors of Kamdhenu Grih Nirman Sahakari Sanstha Maryadit, Bhopal ("the Society"), Abhay Kumar Ojha, Manager and applicant-Brijesh Kumar Shukla, builders. It was stated in letter dated 15.12.19 that the Society was registered on 07.08.1982 which main objective was to provide developed plots to its members. Further, on 07.05.2012, elections of the Society were concluded and elected board of directors comprised of Ajay Kumar Pathak Chairman, P.K. Nandy Vice Chairman and direcorts who are Rahul Singh, Naval Singh, Atul Sareen, Anil Gour, Javed Akhtar, M.Pathak, Satish Prajapati, Girja Bai and Brinda Saini. Abhay Kumar Ojha was appointed as Manager by the Board. Further, the Chief Secretary has issued a letter dated 11.8.17 in accordance with order dated 3.11.16 and 10.01.17 passed by this Court in W.P. No. 8209/16 and W.P. No. 801/16, respectivaly. In the point no. 1 of said letter, it was found that Deputy Commissioner, Cooperatives did not have powers for issuing directions for registry of plots and letter issued by him was only of administrative character. In this regard the Order was required to be issued in accordance with "Madhya Pradesh Co-operative Societies Act, 1960 ("Co-operative Societies Act")" which was not done by the Deputy Commissioner, Cooperatives. Further, in point no.3 of said letter, it was found that there was no order of competent court for accepting membership and adding 13 persons on the basis of administrative letter dated 28.11.11 is not proper in view of section 19 of the Co-operative Societies Act. From point no. 14 to 16 of the letter dated 11.8.17, by not conducting audit of the Society for the year 2011-12, there is violation of sections 72 and 74 of the Co-operative Societies Act and in view of the same, show cause notice dated 19.6.17 has been issued to the Chairman, Vice-Chairman and Directors of the Society. In point no.22 of the letter, it was found that the price accepted in respect of plots allotted to Yashoda Education and Social Society was not in accordance with guidelines issued by the Collector.

(3.) It is further the case of the prosecution that letter dated 28.9.17 written by one Arvind Sharma to the Chief Secretary discloses serious financial irregularities in the Society. Information in respect of sale of 61 plots between 07.05.2012 and 02.03.2017 through conspiracy amongst Chairman, Vice-Chairman, Board of Directors and Manager Abhay Kumar Ojha was highlighted in a complaint made by Anil Goud. As per letter dated 28.10.16 written by Deputy Registrar to the Deputy Commissioner, a total of 54 plot sale deeds were registered during period between March, 2012 and March, 2015. Further, aforesaid 61 plots were sold for price less than Collector approved rates by inducting new members and by acting contrary to the principle of seniority and most of the price received was not deposited in the account of the Society. It is further the allegation that it was necessary to deposit such amount in the account of the society and Brijesh Shukla had misappropriated amount by withdrawing those amounts which were deposited in the bank account and those amount, which were not deposited in the bank account, were misappropriated by accepting the same in cash.