A V V SURYA PRASAD Vs. MOHAMMAD FAROOKH

JUDGEMENT

(1.) These two criminal petitions have been taken out under Section 482 Cr.P.C. by the accused in Daily Document Register No. 2528 of 2009 on the file of III Additional Chief Metropolitan Magistrate, Visakhapatnam at Gajuwaka to quash the proceeding therein.

(2.) Heard learned counsel appearing for the petitioners-accused and learned counsel appearing for the 1st respondent-complainant.

(3.) Learned, counsel appearing for the petitioners-accused submits that inspection under Sections 52 of the Act has been conducted by A-1 in exercise of powers conferred on him by virtue of office as Cooperative Sub-Registrar and that the 2nd respondent sent proposals to A-3 for issue of Surcharge proceedings basing on the Inspection reports and thereupon, A-3 issued Surcharge proceedings and their acts are protected under Section 128 of the Act and therefore, prosecution of A-1 to A-3 cannot be maintained. He would also submit that A-3 issued proceedings exercise of quasi-judicial authority and in case of the said orders being set aside on appeal by A.P. Co-operative Tribunal it cannot be a ground to initiate criminal prosecution against A-3. Learned counsel refers Section 128 of the A.P. Co-operative Societies Act and Section 197 of Cr.P.C.