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2015 DIGILAW 910 (MP)

ANIL JAISWAL v. STATE OF M. P.

2015-08-31

ALOK ARADHE

body2015
JUDGMENT : 1. Mr. Ashish Trivedi, learned counsel for the petitioner. Mr. Vaibhav Tiwari, learned Panel Lawyer for the respondents-State. None for the respondent No. 2, even though served. 2. In this petition under section 482 of Code of Criminal Procedure the petitioner seeks quashment of proceeding initiated against him for offences under sections 420, 467, 468 of Indian Penal Code as well as under section 72-D(1) of M. P. Co-operative Societies Act, 1960. 3. I have heard learned counsel for parties and have perused the record. From the record, it is evident that on 22-10-2009 a written complaint was lodged by the respondent No. 2 that the petitioner by tampering with lay out plan and by tampering the land of park and also the land of complainant sold out the land about 10750 sq ft to one Smt. Rajni Jain. It was further averred that the petitioner has committed an offence under section 72-D(1) of M. P. Co-operative Societies Act. The Deputy Registrar thereupon filed a complaint against the petitioner for offences as aforesaid. The Trial Court registered the offences under sections 420, 467, 468 of Indian Penal Code as well as under section 72-D(1) of M. P. Co-operative Societies Act, 1960 4. Section 76 of Co-operative Societies Act reads as under :- Cognizance of offences. - (1) No court inferior to that of a Magistrate of the First Class shall try offence under this Act. (2) No prosecution shall be instituted under this Act without the previous sanction in writing of the Registrar and such sanction shall not be given without giving to the person concerned an opportunity, to represent his case. 5. A Bench of this Court in the case of Avdhesh Raghuvanshi vs. State of M.P. 2013(3) MPHT 116 in similar circumstances had quashed the criminal case registered against the petitioner. For the reasons assigned by a Bench of this Court, in the case of Avdhesh Raghuvanshi (supra) and in view of the fact that admittedly in the instant case, the sanction in, writing of the Registrar has not been taken before filing the complaint against the petitioner, the proceeding initiated against the petitioner for offences under sections 420, 467 and 468 of IndianPenal Code as well as under section 72-D(1) of M. P. Co-operative Societies Act, 1960 are hereby quashed. 6. In the result the petition is allowed.