KARTAR SINGH Vs. STATE OF H.P.

JUDGEMENT

(1.) An FIR under Section 420 of the Indian Penal Code was registered against the petitioner accused (hereafter referred to as the accused) on the allegations that while acting as Director, H.P. Wool Federation, Kasumpti the accused filed false T.A. Claims and thereby committed an offence punishable under Section 420 of the Indian Penal Code. After investigation, a charge sheet was submitted against the accused and the learned Chief Judicial Magistrate, Shimla issued summons to the accused. An objection was taken by the accused that in view of the bar contained in Section 97 of the H.P. Co -operative Societies Act, 1968 he could not be prosecuted without the previous sanction of the Registrar and without a complaint in writing by such Registrar or any other person authorised by him in this behalf. The trial Court rejected the objection of the accused vide its order dated 25.10.2000. Feeling aggrieved, the accused preferred a petition under Section 482 of the Code of Criminal Procedure and Article 227 of the Constitution of India against the said order. On the application moved by the accused under Section 482 of the Code of Criminal Procedure, the said petition was ordered to be treated as a criminal revision.

(2.) I have heard the learned Counsel for the accused and the learned Assistant Advocate General for the State and have also gone through the material placed on record.

(3.) The only question which arises for determination in this revision petition is whether the accused cannot be prosecuted for the commission of an offence punishable under Section 420 IPC for claiming false T.A. in view of the provisions of sub -section (3) of Section 97 of the H.P. Co -operative Societies Act, 1968 (hereafter referred to as the Act).