RAMJEE PANDEY Vs. STATE OF BIHAR

JUDGEMENT

(1.) This application under section 482 of the Code of Criminal Procedure, 1973 has been filed for quashing the order dated 17.02.2012 passed by Sri Dwijendra Kumar, Judicial Magistrate, 1st class, Buxar, in Trial No.2013 of 2012/G.R. No.501 of 2011 by which the learned Magistrate has taken cognizance against the accused-petitioner under Section(s) 406 and 420 Indian Penal Code.

(2.) Learned counsel for the petitioner has submitted that prior to the election in which the petitioner was elected as Chairman, one Saudagar Pandey, who was Executive Member of the Managing Committee of the Society, was made custodian of all the documents by the then Managing Committee. Saudagar Pandey was not only the custodian of the documents of the society but he was also vested with the power of the earlier Managing Committee to have the total control of sale and purchase on behalf of the Committee. The aforesaid Saudagar Pandey has not been made accused in the instant case. Section 47(3) of the Bihar Co-operative Societies Act, 1935, contemplates that no prosecution for an offence under the Act shall be instituted without previous sanction of the Registrar. Cognizance order has been passed only on the basis of charge-sheet, which is on the basis of the statement of Co-operative Officers/employees.

(3.) Counsel for the petitioner has relied on the judgment of Hon'ble Supreme Court in the case of State of Haryana and Ors. v. Ch. Bhajan Lal and others reported in AIR 1992 SC 604 and M/s Medchi Chemicals and Pharma P. Ltd. v. M/s Biological E. Ltd. and Ors reported in 2000(3) PLJR SC 56 in support of her submission.