V V PERUMAL Vs. STATE

JUDGEMENT

(1.) THE facts are briefly these: An enquiry into the working, constitutions, and financial position of the Paramakurichi Jaggery Manufacturing Co-operative Society Limited, was ordered under section 65 of the Tamil Nadu Co-operative Societies Act, 1961. THE Co-operative Sub-Registrar in the office of the Assistant Director (Palmgur), Tuticorin, was deputed and the enquiry was in progress. THE revision petitioner, as the President of this Society was called upon by the enquiry officer to produce among others, the cash book of the Society. As this was not done, the Assistant Director (Palmgur), Tuticorin, addressed the Superintendent of Police, Tirunelveli, for taking necessary action against the revision petitioner as the disobedience on his part constituted an offence section 175, Indian Penal Code. THE letter of the Assistant Director was forwarded to the Sub-Inspector of Police, Srivaikuntam, for doing the needful.

(2.) ON receipt of this, the Sub-Inspector of Police, Srivaikuntam, incorporated this as a first information report under section 175, Indian Penal Code, assigning a Crime No. 8 of 1980 to this. An offence under section 175, Indian Penal Code, being a non-cognisable one, this officer moved the Judicial II Class Magistrate, Tiruchendur, for permission to investigate the case, as under section 155 of the Criminal Procedure Code such a permission is obligatory. Apparently on coming to know of this move, the revision petitioner appeared by counsel before the learned Magistrate and filed an application objecting to the grant of such a permission and praying for sending certain records of the proceedings initiated under section 65 of the Tamil Nadu Co-operative Societies Act (LIII of 1961).

(3.) THE contentions raised in this revision are, firstly, that the learned Magistrate ought not to have taken cognisance of the offence in the absence of a complaint in writing by the public servant concerned or of some other public servant to whom he is subordinate as provided under section 195 (1) (b), Criminal Procedure Code, and secondly, that the alleged offence having been committed in or before October, 1976, the cognisance by the learned Magistrate on 4th January, 1980, is Barred by limitation.