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2015 DIGILAW 1344 (BOM)

Manoranjan Ramdas Rathod v. State of Maharashtra

2015-06-22

A.B.CHAUDHARI, P.N.DESHMUKH

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JUDGMENT : A.B. Chaudhari, J. 1. By this application, the applicant has sought quashing of F.I.R. dated 11-8-2010 in Crime No. 3118 of 2010 registered with Police Station Pusad (City), Pusad under section 147 of the Maharashtra Co-operative Societies Act, 1960 [for short, 'the Act of 1960']. The applicant has raised the grounds namely want of sanction contemplated by section 148(3) and that no offences are constituted within the meaning of section 146(g), (k), (n), (p). We have heard the learned Counsel for the rival parties and we find on the affidavit-in-reply filed by the respondents that no sanction under section 148(3) was obtained. 2. We then find that the offences under section 146(g), (k), (n), (p) listed under section 146 of the Act of 1960 have been made punishable under section 147 of the Act of 1960. The following are the details thereof: (i) Section 146(g) is punishable with fine which may extend to Rs. 500/. (ii) section 146(k) is punishable with imprisonment for a term which may extend to one year, or with fine which my to one year, or with fine which may extend to Rs. 2000/, or with both, (iii) section 146(n) is punishable with imprisonment for a term which may extend to six months, or with fine which may extend to Rs. 1000/, or with both, (iv) section 146(p) is punishable with imprisonment for a term which may extend to three years, or with fine, or with both. 3. Needless to say that none of the offences stated above are punishable with sentence more than three years. Consequently, these offences are non-cognizable. Since the offences are non-cognizable, the First Information Report could not have been registered by the police. However, on the basis of the registration of F.I.R. as above police case has been filed by the police. 4. Section 148 of the Act of 1960 reads as under: "148. Cognizance of offences (1) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class], shall try and offence under this Act. However, on the basis of the registration of F.I.R. as above police case has been filed by the police. 4. Section 148 of the Act of 1960 reads as under: "148. Cognizance of offences (1) No Court inferior to that of a Metropolitan Magistrate or a Judicial Magistrate of the First Class], shall try and offence under this Act. (2) [* * * * * *] (3) No prosecution under this act shall be lodged, except with the previous sanction of the Registrar.]" It is clear from the reading of section 148 of the Act of 1960 that no Court inferior to J.M.F.C. can try any offence under the Act and no prosecution could be launched except with the previous sanction of the Registrar. It is, thus, clear to us that it is only a private case which is contemplated by the aforesaid provision and the lodgment of First Information Report with the Police Station is not contemplated much less registration of the offences and then filing of final report under section 173 of the Code of Criminal Procedure. We, therefore, find that the registration of F.I.R. for the offences registered against the applicant are itself illegal and contrary to the scheme of Act 1960 as well as the Code of Criminal Procedure. To repeat section for offences under section 146(g), (k), (n), (p) of the Act of 1960, the Police Station Officer could not have entertained the F.I.R. lodged with him by the office of the Assistant Registrar, Co-operative Societies, Pusad since the offences complained of above under section 146(g)(k)(n)(p) of the Act of 1960 are all non-cognizable. In the result, the application must succeed. Hence, the following order: Order [A] Criminal Application No. 1799 of 2010 is allowed. [B] Rule is made absolute in terms of prayer Clause (i) of the Criminal Application. No costs.