Rajasthan High Court - Jodhpur
Khem Kanwar vs State Of Rajasthan on 20 April, 2022
Author: Dinesh Mehta
Bench: Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc(Pet.) No. 2047/2022 Khem Kanwar W/o Shri Chhug Singh, Aged About 62 Years, Indrohi R/o Beriyo-Ka-Bansa, Sardapura, Barmer, Secretary, Sanjivani Credit Cooperative Society Limited Office At Rai Colony Road, Barmer, Rajasthan.
----Petitioner Versus
1. State Of Rajasthan, Through Pp
2. State Of Rajasthan, Through Sub-Registrar, Cooperative Societies, Bhilwara Situated At Ashok Bhawan, Sindhu Nagar, Bhilwara.
----Respondents For Petitioner(s) : Mr. Nishant Bora For Respondent(s) : Mr. Gaurav Singh, PP JUSTICE DINESH MEHTA Order 20/04/2022
1. The petitioner is a Multi State Co-operative Society registered under Section 17 of the Multi State Co-operative Societies Act, 2002.
2. By way of the present misc. petition, the petitioner has challenged not only the order taking cognizance but also the very competence of the authority, who has filed a complaint under the provisions of the Banning of Unregulated Deposit Schemes Act, 2019.
3. Learned counsel contends that the power to file the complaint in case of Multi State Co-operative Societies vests with Central Registrar whereas the complaint in question has been filed by the Registrar of the State Government. (Downloaded on 20/04/2022 at 08:26:07 PM)
(2 of 2) [CRLMP-2047/2022]
4. Matter requires consideration.
5. Issue notice. Issue notice of stay application also, returnable within six weeks.
6. Meanwhile, further proceedings in Criminal Case No.35/2021 (State vs. Sanjivani Credit Cooperative Society & Ors.) pending before the learned District and Sessions Judge, Bhilwara, shall remain stayed qua the petitioner.
(DINESH MEHTA),J 185-pooja/-
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