Supreme Court · 2023 INSC 710 · Decided 25 July 2023

Dhanraj N Asawani v. Amarjeet Singh Mohinder Singh Basi and Others

Court
Supreme Court of India
Citation
2023 INSC 710 · [2023] 11 S.C.R. 297
Case number
CRIMINAL APPEAL No. 2093/2023
Decided
25 July 2023
Bench
D.Y. CHANDRACHUD, J.B. PARDIWALA, MANOJ MISRA (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Criminal
Acts & sections cited
IPC Section 34; CrPC

Headnote

HEADNOTES Issue for consideration: Whether the provisions of s.81(5B) of Maharashtra Co-operative Societies Act, 1960 can be construed as preventing a share holder of the society such as the appellant, who was also an erstwhile director, from independently setting the criminal Maharashtra Co-operative Societies Act, 1960 - s.81(5B) - The High Court was of the view that since the provisions of the 1960 Act are special, the provisions of s.81(5B) would preclude the registration of an FIR at the behest of a person, such as the appellant, who is a shareholder

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