STATE OF GUJARAT Vs. DILIPBHAI NATHJIBHAI PATELAND ANOTHER

JUDGEMENT

(1.) Leave granted.

(2.) The appellant No. 2, a District Co-operative Officer of Vadodara has lodged a prosecution against the two respondents under Section 147 (1) (d) of the Gujarat Coperative Societies Act, 1961 ('Act' for short) for committing breach of Section 71 of the Act after obtaining sanction of the District Registrar as required under Section 149 (3) thereof. The prosecution is also for certain offences under the Indian Penal Code. Aggrieved thereby the respondents moved the High Court by filing a petition under Section 482, Cr. P.C. In disposing of the petition the High Court observed that a sanction under Section 149(3) for prosecution under Section 147(1)(d) cannot be given without giving the party concerned a prior hearing. Since, admittedly, the respondents were not given such hearing, the High Court directed that the complaint relating to the above offence shall not proceed till notice to the respondents were given and sanction was accorded after hearing them. However, it clarified, the complaint for the remaining offences shall, in no way be affected by its order and shall be proceeded with in accordance with law. The direction of the High Court so far as it relates to the prosecution under the Act is under challenge in this appeal.

(3.) To appreciate the reasoning of the High Court for issuing the impugned direction it will be necessary to reproduce Section 149(3) of the Act. It reads as under: