HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY W.P.No.26846 of 2007 Date : 3-2-2011 Between: Ch.Suseela .. Petitioner And The District Co-operative Officer, Guntur, Guntur Division and others .. Respondents Counsel for petitioner : Sri T.Ramakoteswara Rao Counsel for respondents 1 to 3 : G.P. for Co-operation Counsel for respondent No.4 : A.G.P. for Home The Court made the following : ORDER: This Writ Petition is filed for a mandamus to declare the action of respondent No.4 in registering Cr.No.59/2007 of Karlapalem Police Station, Guntur District and also in attaching the petitioner’s properties for sale as illegal and arbitrary. The main premise on which this Writ Petition is filed is that even while surcharge proceedings under Section 60 of the A.P. Co-operative Societies Act 1964 (for short, "the Act") were pending, the complaint given by respondent No.3 on the basis of enquiry report under Section 51 of the Act was registered for offences under Sections 409, 420 r/w. Section 34 IPC and Section 79 of the Act. At the hearing, learned counsel for the petitioner submitted that even before the final order fixing liability on the petitioner was passed under Section 60 of the Act, registration of the complaint is not maintainable. The learned Government Pleader for Co-operation, on instructions, submitted that during the pendency of this Writ Petition, surcharge proceedings were finalized and order dated 17-5-2010 was passed by respondent No.2 holding that the petitioner misappropriated a sum of Rs.6,82,138/-. As the proceedings under Section 60 of the Act has culminated in passing a final order during the pendency of this Writ Petition, the issue raised by the petitioner does not survive for adjudication. The petitioner is entitled to enter his defence in the criminal case and contest the prosecution. Subject to the above observation, the Writ Petition is dismissed. ____________________ C.V.Nagarjuna Reddy.,J Date : 3-2-2011 AM