KBP 1 cr.wp.3318-11.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3318 OF 2011 Prakash Maruti Bangar & ors. ..Petitioners Vs State of Maharashtra & ors. ..Respondents -- Mr.S.B.Deshmukh a/w. Mr.J.S.Chandnani, for petitioners. Mrs.M.M.Deshmukh, APP for respondent State. -- CORAM : A.M.KHANWILKAR & R.G.KETKAR, JJ. DATE : 16 th DECEMBER, 2011 P.C.: By this petition filed under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973, it is prayed that the FIR No.156/2011 registered with Chakan Police Station dated 3 rd July, 2011 be quashed. 2] The first point raised by the learned counsel for the petitioner is that the complainant had no casual connection with the subject KBP 2 cr.wp.3318-11.odt matter of complaint. Even if the grievance referred to in the complaint is to be taken as it is, it is about the property of the Society and not against person in any manner. At the same time, learned counsel for the petitioner, in all fairness, accepts that the complainant is the Chairman of member Society. In that capacity, in our opinion, he was entitled to pursue the criminal action. He is not only representing the cause of the member Society, but also is the Authorised Officer of the member Society. It is not possible to countenance the argument of the learned counsel for the petitioner that the complainant has no locus standi to register the complaint. 3] The next contention is that the allegations in the complaint are about acts of commission and omission pertaining to the Officers or member of the Society having willfully made false return, furnishing false information, failure to maintain proper account and the acts specified in clause (e) of Section 146 of the Maharashtra Co- operative Societies Act, 1960. In that case, the allegations could not be inquired into until previous sanction of the Registrar. 4] After this order is dictated, at this stage, learned counsel for KBP 3 cr.wp.3318-11.odt the petitioner submits that the Court should not elaborate other points or including points which has been given consideration and the petitioners would withdraw this petition with liberty to pursue other remedy after filing of Charge Sheet before the appropriate Court. 5] Accordingly, petition is allowed to be withdrawn with liberty as prayed. All questions are left open. [R.G.KETKAR, J.] [A.M.KHANWILKAR, J.]