1 CP 94 of 2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD CONTEMPT PETITION NO.94 OF 2011 in WRIT PETITION NO. 1304 OF 2008 Renuka Mata Multi State Cooperative Urban Credit Society, through its Director Petitioner V E R S U S The State of Maharashtra & others Respondents Mr. V.P. Latange, Advocate for the petitioner Mr. V.B. Ghatge, AGP for respondent /State CORAM : A.V. NIRGUDE, J. DATED : 28th February, 2011 ORAL ORDER : 1. Heard. 2. Petition seeking Contempt of Court action against the respondent stands dismissed. Reasons : 3. The petitioner is a Multi State Cooperative Society. There was a Cooperative Credit Society in existence till 13th August, 2009, by name “Renuka Mata Nagri Sahakari Pat Santha Ltd., Ahmednagar”. The respondent No. 4 obtained information in respect of the said Credit Society from the respondent No. 3, using his rights under the Right to Information Act. The respondent No. 3 informed the respondent No. 4 that the Credit Society had no authority to issue 2 CP 94 of 2011 cheque book or to allow the withdrawal slips to be taken away from their branches. This information was given amongst the other information regarding the Credit Society, from the data available with the respondent No. 3, who is Assistant Registrar Cooperative Societies, Ahmednagar, and in whose office probably the above named Cooperative Credit Society was registered. This information which the respondent No. 3 gave to the respondent No. 4, was not a confidential information, and he even could have gathered this information by visiting the office of the respondent No. 3. The petitioner is a Multi State Cooperative Credit Society with whom the above mentioned Credit Society had merged on 13th October, 2009. The respondent No. 4 on the basis of the information he received, lodged a criminal complaint against the petitioner and others. The respondent No. 4 alleged that the officers of the above mentioned Credit Society allowed a withdrawal slip to be taken away from the branch and that the other accused utilized the same for withdrawing certain amount from his account. He thereby, alleged that the above mentioned Credit Society, its office bearers, officers and other accused cheated him. 4. The present petition is filed alleging that by giving information in respect of the Credit Society named above, the respondent No. 3 had committed Contempt of this Court. This Court in Writ Petition No. 5667 of 2007, held that a Cooperative Society registered under the Maharashtra Cooperative Societies Act, 1960, is not a State instrumentality, and as such a Right to Information Act has no application to such a society. Even though, this finding is recorded by this Court in the said Writ Petition, the information that was parted in respect of the Credit Society is not of sensitive nature and has not caused any prejudice to the petitioner or for that matter the Credit 3 CP 94 of 2011 Society mentioned above, even without obtaining this information the respondent No. 4, could have lodged his complaint making the same allegations against the accused including the officer and office bearers of the Credit Society and others. This petition appears to be abuse of process and same deserves to be dismissed. ( A.V. NIRGUDE, J. ) SDM*/CP12 of 2011/280211