IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO : 6182 of 2005 Between: Nali Sree Devi, D/o. Sri N. Prahalada Rao, R/o. D.No. 21-9-25/4, Madhura Nagar, Vijayawada-11, Krishna District. ..... PETITIONER AND 1 The Commissioner for Cooperation & Registrar Of Cooperative Societies, Andhra Pradesh, Hyderabad. 2 The Deputy Registrar of Cooperative Societies/ Divisional Cooperative Officer, Vijayawada Division, Arundel Complex, Vijayawada -2, Krishna District. 3 The Station House Officer, P.S., Kankipadu, Krishna District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue a Writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the proceedings dated 20-1-2004 issued by the 2nd respondent by recommending the criminal action to 3rd respondent against the petitioner, as illegal, arbitrary and contrary to law with out any basis and consequently direct the 3rd respondent not to interfere with the activities of the Petitioner. Counsel for the Petitioner:MR.T.RAJENDRA PRASAD Counsel for the Respondents:GP FOR COOPERATION FOR R1 & R2 None appeared for R3. The Court made the following : THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.6182 of 2005 ORDER: This writ petition is ﬁled for a Writ of Mandamus to set aside proceedings, dated 20.01.2004, of respondent No.2 whereby a request was made to respondent No.3-Station House Oﬃcer, Kankipadu, to register a criminal case against the petitioner. 2. Heard Sri T.Rajendra Prasad, learned counsel for the petitioner, and the learned Government Pleader for Cooperation for Respondent Nos.1 and 2. 3. The impugned proceedings were issued by Respondent No.2 on the basis of the surcharge order passed by him on the same day i.e., on 20.01.2004, under Section 60 of the Andhra Pradesh Cooperative Societies Act 7 of 1964, against the petitioner and others. Against the said surcharge order, the petitioner ﬁled O.A.No.63 of 2004 before the Andhra Pradesh Co-operative Tribunal, Vijayawada (for short ‘the Tribunal’). The Tribunal disposed of the said appeal, along with other appeals ﬁled by the other aggrieved parties, by its order, dated 08.12.2006, and it is not in dispute that the order passed against the petitioner was set aside. 4. In view of the fact that the impugned proceedings for initiation of prosecution against the petitioner were based on the surcharge order passed by respondent No.2 himself, which was admittedly set aside by the Tribunal, the said proceedings cannot be enforced against the petitioner. The learned Government Pleader, however, stated that the right of the respondents to initiate prosecution against the petitioner may be reserved, in the event the order of the Cooperative Tribunal is reversed by the competent Forum. 5. The writ petition is, accordingly, allowed, and the impugned proceedings are set aside, subject to the right of the respondents to initiate prosecution, in the event of reversal of the order of the Tribunal. _______________________ C.V.NAGARJUNA REDDY,J 26.08.2008 v v