https://www.taxtmi.com/caselaws?id=457339 The Maharashtra Co-operative Societies Act, 1960 prescribes a special procedure for criminal action arising from audit findings, including a report to the Registrar and written permission before an FIR is filed. The Court noted that the FIR was founded on material traced to a test audit that had been stayed, and held that the prosecution could not be sustained by relabelling that material as a mere inspection report. It further stated that the general rule governing cognizable offences could not override the Act's specific initiation mechanism. The impugned criminal action was therefore treated as contrary to the statutory mandate and liable to be quashed. en-us Tue, 16 Nov 2021 00:00:00 +0530 Tue, 17 Sep 2024 20:36:28 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=457339 The Maharashtra Co-operative Societies Act, 1960 prescribes a special procedure for criminal action arising from audit findings, including a report to the Registrar and written permission before an FIR is filed. The Court noted that the FIR was founded on material traced to a test audit that had been stayed, and held that the prosecution could not be sustained by relabelling that material as a mere inspection report. It further stated that the general rule governing cognizable offences could not override the Act's specific initiation mechanism. The impugned criminal action was therefore treated as contrary to the statutory mandate and liable to be quashed. Case-Laws Indian Laws Tue, 16 Nov 2021 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=457339