SIMON K.A Vs. STATE OF KERALA

JUDGEMENT

(1.) THE challenge in this revision petition is at the instance of the complainant in Crl.M.P.No.14836 of 1998 against the order dated 3.5.2002 of the court of Chief Judicial Magistrate-Ernakulam, by which the learned Magistrate dismissed the above complaint.

(2.) THE allegation in the complaint is that, the accused arrayed as A1 to A11 were the office bearers of the Ramavarma Club, Ernakulam, during the period 1997-98 and they embezzled much amount of money of the Club and caused loss to the Club. The other accused are the Consultant Architect, Contractor and the member of the construction committee of the Club. According to the complainant, thus the above accused have committed offences punishable under section 120 B, 109 and 106 r/w section 34 of IPC. Therefore, on the filing of the above petition, the complainant requested the court below to forward the complaint for investigation under section 156 (3) of Cr.P.C. to the police. Before filing the complaint, the complainant though moved the District Registrar (General), Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955 and the Societies Registration Act, 1860, (herein after referred to as "Act" for brevity), for sanction under section 33 of the above Act to prosecute the office bearers of the above Club. Accordingly, the sanction was issued on 26.11.1998. Thereafter, he preferred the above complaint on 7.12.1998. On receiving the complaint, the learned Chief Judicial Magistrate has forwarded the same to the Central Police Station, Ernakulam, under section 156(3). Consequently, crime no.824 of 1998 was registered in the above police station and the investigation was started.

(3.) ON the basis of the above direction of this Court, the court below recalled Crl.M.P.No.14836 of 1998 and found by order dated 3.5.2002 in Crl.M.P.No.14836 of 1998 that the complaint is not maintainable as the complainant has failed to obtain proper sanction from the Registrar concerned and on further finding that the allegation raised in the complaint against persons arrayed as accused is unfounded and accordingly the complaint is dismissed. It is the above finding and order of the learned Magistrate dismissing the complaint are challenged in this revision petition, which was filed as early as on 11.6.2002.