THE HON’BLE SRI JUSTICE P.DURGA PRASAD CRIMINAL PETITION NO.3489 OF 2008 ORDER: This is a petition filed under Section 482 Criminal Procedure Code (for short Cr.P.C.) for quashing the proceedings against the present petitioner, who is A.1 in C.C.No.75 of 2003 on the file of the Additional Judicial Magistrate of First Class, Bobbili. 2. The present petitioner, who is the Ex-president of Primary Agricultural Credit Society, Boorja, along with its secretary were prosecuted for the offences under Sections 120 (B), 409, 468 and 471 IPC, before the Additional Judicial Magistrate of First Class, Bobbili alleging that he has misappropriated the funds of the society by showing fictitious expenditure and not entering the amounts collected from members into the cash book etc. 3. The petitioner’s counsel has contended that without passing Orders under Section 60 of the A.P. Co-operative Societies Act, 1964, criminal prosecution is not maintainable and in support of her contention, she has relied on a decision of Single Judge of this Court in Criminal Petition No.6391 of 2009 dated 27.08.2009 between B.Nagaraju and 3 others v. State of Andhra Pradesh. In the above said Judgment, the learned Single Judge while taken into consideration of the decision of this Court in W.P.No.4563 of 2003 dated.03.04.2003 wherein it was held that the surcharge proceedings have not been initiated and criminal proceedings were initiated even before such surcharge proceedings were initiated and till such exercise is undertaken, the question of prosecuting a member of the society or its Managing Committee does not arise. In the present case also, basing on the enquiry conducted under Section 51 of the A.P. Co-operative Societies Act, 1964, the criminal proceedings were initiated against the present petitioner and the charge sheet does not disclose about the passing of any surcharge proceedings before initiating criminal proceedings against him. 4. Therefore, in view of the above said decision, criminal proceedings cannot be initiated unless surcharge proceedings are initiated against the present petitioner. As such, the petitioner is entitled for quashing of the proceedings. 5. Hence, the petition is allowed and the proceedings against the present petitioner in C.C.No.75 of 2003 pending on the file of Additional Judicial Magistrate of First Class, Bobbili are hereby quashed. _______________________ P.DURGA PRASAD, J 18th March, 2011 KSP