IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND EIGHT PRESENT HON'BLE SRI ANIL R. DAVE, THE CHIEF JUSTICE and THE HON'BLE MR JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 681 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 01/05/2008 in WP NO : 16749 OF 2004 on the file of the High Court.) Between: Balagonda, S/o. Balram, In D.R.D.A., Nizamabad, R/o. Yellamagutta, Nizamabad, Nizamabad District. ..... APPELLANT AND 1 The Special Grade Dy. Collector & Project Director, District Rural Development Agency, Nizamabad, Nizamabad District. 2 The Depputy Superintendent of Police, Nizamabad. 3 The Station House Officer, I Town Police Station, Nizamabad, Nizamabad District. .....RESPONDENT(S) Counsel for the Appellant:MR.G.RAJESHWAR RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : JUDGMENT: (Per Anil R. Dave, CJ) The order dated 1-5-2008 passed in W.P.No. 16749 of 2004 has been challenged in this appeal. The short question, which was involved in the petition, was whether previous sanction of the Registrar under the provisions of the Andhra Pradesh Co-operative Societies Act, 1964 (for short ‘the Act’) was required to be obtained before initiation of proceedings against the appellant. Section 83 of the Act reads as under: “83. Cognizance of offences: (1) No court inferior to that of a Magistrate of the first class or a Metropolitan Magistrate shall try any offence under this Act. (2) Every offence under this Act shall, for the purpose of the Code of Criminal Procedure, 1973 (Central Act 2 of 1974), be deemed to be cognizable. (3) No prosecution shall be instituted under this Act without the previous sanction of the Registrar.” In our opinion, previous sanction of the Registrar is not required as per Section 83 of the Act for the simple reason that the petitioner has not been prosecuted for any of the offences under the Act. In the circumstances, in our opinion, it cannot be said that the order passed by the learned Single Judge is bad in law. The appeal stands dismissed with no order as to costs. ______________________ ANIL R. DAVE, CJ 10th July, 2008. __________________________ R. SUBHASH REDDY, J GRR