GULABMIYA DAGUMIYA Vs. EMPEOR

JUDGEMENT

(1.) The applicant in this case is an he norary organiser of Co-operative Credit Societies and was appointed as such by Government. The Registrar of Co-operative Credit Societies appointed him liquidator of the Malegaon Seed Society, this appointment being made under Section 47 of the Bombay Co-operative Societies Act VII of 1925, It is alleged that he misappropriated a sum of Rs. 100 which came into his possession as liquidator and he has been prosecuted for an offence under se. 408 and 409 of the Indian Penal Code.

(2.) A preliminary objection was raised that the sanction of Government was necessary before he could be prosecuted under Section 197 of the Criminal Procedure Code. It was contended; firstly, that as organiser of Co-operative Credit Societies he was appointed by Government and was not removeable from this office, except by or with the sanction of Government, and, therefore, sanction for the prosecution was required on that ground. Secondly, it was argued that as liquidator he was a Judge within the definition in Section 19 of the Indian Penal Code. This objection has been overruled by the trial Magistrate, and also in revision by the Sessions Judge The applicant now comes to this Court for revision of the Sessions Judge's order.

(3.) There is clearly no force in the argument that sanction is required under Section 197 by reason of the applicant's position as organiser. That point has been quite convincingly dealt with by the Sessions Judge. He says: It is not necessary to labour the point. The most simple test is to raise the question if removal from his office of organiser would automatically remove the applicant from his post of liquidator. Clearly the Registrar "would be entitled to retain him in his post of liquidator even if Government should decide to remove him from his post of organiser; it would be a matter for the Registrar alone to remote or retain him. It is not necessary to discuss this issue any further." On that point we fully agree with the Sessions Judge.