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Dhanraj N. Asawani vs Amarjeetsingh Mohindersingh Basi & Ors. (2023 INSC 710)

Criminal Appeal · 2023 INSC 710Decided 25 Jul 2023
Criminal Appeal No. 2093 of 2023
J.B. Pardiwala · Manoj Misra

Background

The appellant, a shareholder and former director of a Pune cooperative bank, lodged an FIR in 2019 alleging cheating and misappropriation by the bank's CEO and former Chairperson, based on an inspection/audit report he obtained under the RTI Act. The accused persons got the Bombay High Court to quash the FIR, arguing that under Section 81(5B) of the Maharashtra Co-operative Societies Act, 1960, only the auditor or the Registrar (not an ordinary shareholder) is entitled to lodge an FIR based on an audit report.

Decision Breakdown

The Supreme Court held that Section 81(5B) merely casts a positive duty on the auditor/Registrar to file an FIR when they detect financial irregularities. It does not, expressly or by necessary implication, bar any other person from independently setting the criminal law in motion under the ordinary provisions of the CrPC. Distinguishing prior rulings on stricter special statutes (like MCOCA and TADA, which use express negative/overriding language), the Court reasoned that criminal law can be triggered by any individual absent a specific statutory bar, and the police retain an independent duty to investigate once a cognizable offence is reported. The High Court's quashing of the FIR was therefore set aside and the appeal allowed.

Lesson Learnt

A special law regulating an institution (like a cooperative society) does not automatically oust the general right of any citizen to report a crime to the police, unless that law contains a clear and specific bar. Courts will not read in such a restriction lightly.

Official source (sci.gov.in)View Judgment (PDF)

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