IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FIRST DAY OF MAY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 16749 of 2004 Between: Balagonda, S/o. Balram, In D.R.D.A., Nizamabad, R/o. Yellamagutta, Nizamabad, Nizamabad District. ..... PETITIONER 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) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue awrit, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st respondent in launching the complaint against the petitioner with the 3rd respondent in Crime No.191 of 2004, dated 19-7-2004 under Section is illegal, arbitrary, without jurisdiction and authority and contrary to the provisions of A.P. Cooperative Societies Act, 1964 and also in violation of the Articles 14 and 21 of the Constitution of India, and set-aside the same, Counsel for the Petitioner: MR. CH.JANARDHAN REDDY Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ Counsel for the Respondent Nos.2 and 3: GP FOR HOME The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the 1st respondent in launching the complaint against him with the 3rd respondent in Crime No.191 of 2004, dated 19.07.2004, as illegal and arbitrary. It is the case of the petitioner that he worked as Record Assistant in the office of the District Rural Development Agency in outward and inward section. While so, on the representation of the employees of District Rural Development Agency, dated 01.07.2004 alleging that the petitioner misappropriated an amount of Rs.13 lakhs, a case was registered by the third respondent which was forwarded to the first respondent. It is stated that since the alleged misappropriation is the subject matter of an enquiry and surcharge under the provisions of A.P. Co-operative Act (for short ‘the Act’), criminal proceedings cannot be initiated without following due procedure. It is further stated that unless the enquiry has been conducted under Section 51 and surcharge proceedings are passed under Section 60 of the Act, the amount of alleged misappropriation cannot be fastened to the petitioner. Therefore, the criminal prosecution for the alleged misappropriation is illegal, arbitrary and contrary to the provisions of the Act. It is not in dispute that under Section 83 of the Act, the Judicial Magistrate of First Class concerned or the Metropolitan Magistrate concerned shall not take cognizance without previous sanction of the Registrar for the offences as enunciated under the provisions of Section 83 of the Act, viz. furnishing false return and information, disobeying summons or other lawful order, requisition or direction, or contravention of certain sections or for failure to produce books, accounts, documents, records, securities, cash and other properties belonging to or in the custody of the society and corrupt practices etc. But, in the instant case, on the representation made by the employees of the District Rural Development Agency, the present case has been registered. Therefore, I am of the opinion that the case registered on the basis of the representation made by the employees of the District Rural Development Agency cannot come under the purview of the acts as enunciated under the provisions of Section 83 of the Act. As such, the contention of the learned counsel for the petitioner that since the procedure has not been followed, the case against the petitioner is arbitrary and illegal, cannot be sustained. Having regard to the facts of the case, I do not see any merits in the writ petition and is liable to be dismissed. Accordingly, the writ petition is dismissed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:01.05.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{SPJS}