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2005 DIGILAW 1847 (SC)

SARVESH KUMAR SINOH v. JAI GOVIND MISHRA

2005-11-21

B.P.SINGH, R.V.RAVEENDRAN

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ORDER 1. Leave granted. 2. We have heard counsel for the parties. 3. A petition under Section 482 Cr.P.C. was filed by the respondents for quashing the charge-sheet submitted by the police in Crime Case No. C-5 of 2003 (Criminal Case No. 5787 of 2003, State v. Qamruzzama) under Sections 419, 420, 467 and 468 IPC. The said case was pending in the Court of the Additional Chief Judicial Magistrate, Kasia, District Kushinagar. It appears that the said charge-sheet has been quashed only on the ground that it has been submitted in breach of the provisions of Section 28 of the Societies Registration Act, 1860 (hereinafter for short "the Act"). 4. It is not necessary to discuss in detail the facts of the case. It is enough to notice Section 28 of the Act, which provides as follows: "28. Procedure.-No court inferior to that of a Magistrate of the First Class shall try an offence punishable under this Act nor shall cognizance of any such offence be taken except on a complaint made by the Registrar or any other person authorised in writing by him by general or special order in that behalf." 5. The High Court observed that some other allegations made in the application prima facie make out an offence under Section 4 of the Act which is punishable under Section 27 of the Act and, therefore, Section 28 of the Act applied. 6. In our opinion, the order proceeds on a complete misunderstanding of the issue involved in the application under Section 482 Cr.P.C. The charge-sheet has been submitted under various provisions of the Penal Code and that charge-sheet has been quashed by the High Court holding that the provisions of Section 28 of the Act were breached. Section 28 of the Act provides for the procedure for trial of offences punishable under the Act i.e. under the Societies Registration Act, 1860. It does not provide for a special procedure to be followed in cases which relate to offences punishable under the Penal Code. The High Court has, therefore, clearly misinterpreted Section 28 of the Act while quashing the charge-sheet submitted in the case. We, therefore, set aside the impugned order of the High Court and remand the matter to the trial court which shall now proceed with the matter in accordance with law. 7. The appeal is allowed.