IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 1ST APRIL 2009 / 11TH CHAITHRA 1931 Crl.Rev.Pet.No. 625 of 2004() ----------------------------- CRMP.625/2003 of ENQUIRY COMMR. & SPL. JUDGE, TRIVANDRUM .................... REVN. PETITIONER(S)/COMPLAINANT: --------------------------------- N.VISWANATHAN NAIR, PAMMAMCODE VEEDU, PARAYATHUKONAM.P.O., VIA KEEZHUVALAM, CHIRAYINKEEZ TALUK. BY ADV. SRI.DEVAN RAMACHANDRAN SMT.ASHA MOHAN RESPONDENTS/RESPONDENTS: -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SRI.V.BABU, KUNNUMPUTHATHU VEEDU, PURAVOOR, CHIRAYINKEEZ 3. SRI.AJITH PRASAD, SECRETARY, KIZHUVALAM SERVICE CO-OPERATIVE BANK LIMITED NO.2405, MUDAPURAM.P.O., CHIRAYINKEEZH. 4. SRI..BABU, JUNIOR CLERK, KIZHUVALAM SERVICE CO-OPERATIVE BANK LIMITED NO.2405, MUDAPURAM..P.O., CHIRAYINKEEZ. 5. SUDARSAN, UNIT INSPECTOR, CHIRAYINKEEZH CO-OPERATIVE SOCEITY ASSISTANT REGISTRAR OFFICE, ATTINGAL. ADV. SRI.N.NANDAKUMARA MENON, SENIOR ADVOCATE FOR R2 SRI.K.VINODKUMAR FOR R3 & R4 SRI.MURALI PURUSHOTHAMAN FOR R5 SRI.P.M.BENZIR FOR R5 SRI.DEEPU LAL MOHAN FOR R5 PUBLIC PROSECUTOR SMT.M.K.PUSHPALATHA THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY HEARD ON 01/04/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: S.S. SATHEESACHANDRAN, J. - - - - - - - - - - - - - - - - - - - - - - - - - Crl.R.P.No.625 of 2004 - - - - - - - - - - - - - - - - - - - - - - - - - Dated: 1st April, 2009 ORDER This revision is filed by the complainant against the dismissal of his complaint under Section 203 of the Cr.P.C. The revision petitioner/complainant moved the complaint before the Enquiry Commissioner and Special Judge, Trivandrum alleging that the accused, namely, the former President of the Co-operative Society, the Secretary of the Society, a clerk of the Society and also a Unit Inspector from Co-operative Department, in connection with the election conducted for the Society in 2002 misappropriated funds of the Society on the basis of fraudulent vouchers. The learned Special Judge referred the complaint to the Registrar of Co-operative Societies for enquiry and report. The Registrar, after conducting enquiry, submitted a report, copy of which is enclosed as Annexure F in the revision. The enquiry disclosed whatever amount spent by the Society in connection with the election had been duly accounted for and the complainant was a contesting candidate in the election who lost the election. It was also stated that he was a former President of the Society. After perusing the report, the learned Special Judge was satisfied no further steps are warranted on the basis of the complaint, Crl.R.P.625/04 - 2 - and accordingly the complaint was dismissed. 2. I heard the learned counsel on both sides. After hearing the submissions made by the counsel and also the impugned order passed by the Enquiry Commissioner and Special Judge with reference to Annexure F report of the Registrar of Co-operative Societies, I find that the conclusion reached by the learned Special Judge that no further proceedings on the basis of the complaint is warranted, cannot be found fault with. The report of the Registrar of the Co-operative Societies indicates that after having an enquiry into the allegations raised in the complaint, whatever expenditure incurred for the election had been found duly accounted in the registers maintained by the Society and, further, there was no violation of any provisions of the Co-operative Societies Act. The dismissal of the complaint in such circumstances does not warrant any interference. The revision is dismissed. srd S.S. SATHEESACHANDRAN, JUDGE