W.P.(CRL)/353/2023 of SH ARUN GUPTA Vs THE STATE (GOVT. OF NCT OF DELHI) AND ORS.

IN THE HIGH COURT OF DELHI AT NEW DELHI

+W.P.(CRL) 353/2023, CRL.M.A. 25558/2023SH ARUN GUPTA

.....Petitioner

Through:Mr. Shiv Charan Garg, Mr. ImranKhan, Ms. Jahanvi Garg and Mr.Raghav Garg, Advocate.

versus

THE STATE (GOVT. OF NCT OF DELHI) AND ORS.

.....RespondentThrough:Mr. Amot Sinha, Ld. ASC for Statewith Mr. Ashvini Kumar, Mr. KshitizGargandMs.ChaviLazarus,Advocates.Mr. Anil Kumar, Advocate for R-5.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

%29.07.2024

1.A Criminal Writ Petition under Article 226 of Constitution of India

read with Section 482 Cr.P.C for quashing of FIR No.165/2022 underSection 420/406/409/120B IPC P.S. Economic Offence Wing and directionsto respondent No.1 to consider the representations dated 28.11.2022 and10.01.2023.

2.The basic grievance of learned Counsel on behalf of the petitioner isthat in terms of Section 108, 112, 118(c) and 121(ii) of the Delhi Co-operative Societies Act, 2003, the petitioner has acted within the scope ofhis appointment and, therefore, no Charge Sheet can be field against him

without prior sanction from the Registrar, Co-operative Societies.

3.Learned Prosecutor submits that the investigations are almostcomplete and the Charge Sheet is likely to be filed soon in the Court.

4.In so far as the two Representations of the petitioner in regard to priorsanction to be obtained for prosecution of the petitioner are concerned, it isexpected that the same would be considered while preparing the ChargeSheet. In any case, the petitioner has right to agitate this as ground fordischarge before the learned Trial Court.

5.With these observations the petition is disposed of.

JULY 29, 2024/va

NEENA BANSAL KRISHNA, J