R.NEHRU Vs. S.BALAMURUGAN

JUDGEMENT

(1.) This criminal original petition has been filed under Section 482 Cr.P.C., praying to call for records in S.T.C.No.1152 of 2010 on the file of the Judicial Magistrate, Palani and quash the same.

(2.) It is averred in the petition that the respondent filed a complaint against the petitioners for the offence punishable under Section 48 of the Societies Registration Act, 1975 read with 174 of I.P.C. and the same was taken on file by the Judicial Magistrate, Palani in S.T.C.No.1152 of 2010. The allegation made in the complaint is that the respondent was appointed as Enquiry Officer as per the orders of the District Registrar, Palani dated 14.05.2010. As Enquiry Officer, the second respondent sent summons to the petitioners herein on 17.05.2010, asking them to appear on 26.05.2010. But, they failed to appear and gave evasive replies. Therefore, he filed a report to the District Registrar and pursuant to that, the present complaint has been filed and the case was taken on file by the Court.

(3.) The respondent had not followed the provisions under Section 36(1) of the Societies Registration Act and already cases are pending before this Court and therefore, the petitioners are not obliged to appear before the respondent for enquiry. The order of the District Registrar appointing Enquiry Officer under Section 36(1) of the Act has been made without following the procedure laid down under Section 36(1) of the Act. The Judicial Magistrate failed to follow the provisions under Sections 200 and 201 of Cr.P.C. and therefore, the proceedings in S.T.C.No.1152 of 2010 is liable to be quashed.