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Andhra Pradesh High Court
Judges : B.SUDERSHAN REDDY
Regula Bruhaspathi Rao - Appellant
Versus
State OF A.P. - Respondent
Decided On : 07-05-98
Indian Penal Code, 1860 – A. P. Cooperative Societies Rules, 1964 – Rule 72 – Code of Criminal Procedure, 1973 – Section 239 – A. P. Co-operative Societies Act, 1964 – Section 83-A – Discharge from Charges – Criminal revision case is filed by the petitioner-A1 assailing the legality of the order passed by the Special Court for trial of the offences under the A. P. Co-operative Societies Act, 1964, at Vijayawada, in Crl. M. P – Held, Only the General Manager of the District Cooperative Central Bank could have granted the sanction as he is under the control of the General Manager, as per Rule 72 (5) of the A. P. Cooperative Societies Rules, 1964 – It is in this context, the trial Court observed as to whether the petitioner is a public servant strictly under the control of the District Cooperative Officer or the General Manager of the District Cooperative Central Bank would have to be decided during the course of inquiry and trial – Special Court rightly observed that it would not be appropriate at this stage to decide the said question, as it would be necessary to go into the service particulars of the petitioner to find out as to which authority appointed him and allotted him to the Cooperative Society, where he was working at the relevant time of alleged mis-appropriation – It would also be a question of feet required to be ascertained as to whether he was permanently allotted to work in the Society where he is alleged to have committed the offences punishable under the Indian Penal Code – It is not a case where there is no sanction at all. It is a case involving ascertainment as to whether the appropriate authority accorded sanction – This question is left open and the petitioner is entitled to take the plea at the time of trial, which shall be decided by the trial Court in accordance with law – Criminal Revision Case Dismissed
( 1 ) THIS Criminal revision case is filed by the petitioner-A1 assailing the legality of the order passed by the Special Court for trial of the offences under the A. P. Co-operative Societies Act, 1964, at Vijayawada, in Crl. M. P. No. 132/1998 in C. C. No. 1/97 dated: 30-04-1998.
( 2 ) THE petition filed Crl MP. No. 132/98 before the Special Court for trial of the offences under the A. P. Cooperative Societies Act, 1964 (for short special Court ) purporting it to be under Section 83-A of the A. P. Cooperative Societies Act (for short the Act ) read with Section 239 of the Code of Criminal Procedure (for short the Code ) praying the Court for discharging him from the case. The special Court after elaborate consideration of the matter rejected the petition filed by the petitioner.
( 3 ) THE petitioner at the relevant time has been working as the Secretary of Sree Nethaji Primary Agricultural Cooperative Society, Katrenipadu. Musunuru, Krishna, District. He is alleged to have mis-appropriated, the funds of the Society during the financial years 1987-88 and 1991-92 and caused deficiency to the assets of the Society. On a report, the Police registered a case in Cr. No. 54/96 at P. S. , Musunuru under Sections 409, 465 and 477 (A) IPC on 5-6-1996 and investigated into the same.
( 4 ) THE special Court took cognizance of the same in C. C. No. 1 of 1997, which is now pending inquiry and trial. In the said Calendar Case, the petitioner herein filed and application - Crl. MP. No. 132/98 to discharge him. The petitioner raised the contention relating to sanction purported to have been granted by the Collector to prosecute him by stating that the Collector is not a competent person to grant sanction. It is also urged before the special Court that the complaint filed by the police is barred by limitation. The trial Court after hearing both sides, rejected the contentions advanced on behalf of the petitioner and accordingly dismissed the petition.
( 5 ) IN this revision case, Sri P. Srinivas, learned Counsel appearing for the petitioner submits that the special Court at Vijayawada has no jurisdiction whatsoever in the matter to proceed against the petitioner, it is not conferred with the jurisdiction to try any offences arising under the Indian Penal Code. The special Court lacks jurisdiction to take cognizance of the case. It is urged that G. O. Ms. 161, Agriculture and Cooperation (Coop. IV) Department, dated 11-3-1993 issued by the Government of Andhra Pradesh in purported exercise of its power under Section 83 of the Act conferred power on the special Court to try the offences under the said Act only, but not under the Indian Penal Code.
( 6 ) IN the instant case, the charge-sheet would disclose commission of the offences punishable under Sections 409, 465 and 477-A IPC. It is also urged that the petitioner herein is a public servant within the meaning of Section 21 IPC; and he can be prosecuted only after grant of sanction by the General Manager, District Cooperative Central Bank; but not under the sanction of the District Collector. The Question Relating to Jurisdiction of Special Courts.
( 7 ) SECTION 83 of the Act is added by way of the A. P. Cooperative Societies (Third Amendment) Act, 1991. The Legislature took note of the feet that there has been several cases of mis-appropriation of funds by the employees and elected members of the Cooperative Societies. The Legislature further felt that the investigation, finalisation of disciplinary proceedings and prosecution have been taking years together. The Public Accounts Committee for 1978-79 is stated to have noticed the abnormal delays in finalisation of misappropriation cases and suggested suitable legislation for expediting the investigation and trial of the mis-appropriation cases. Accordingly, the Legislature thought it fit to amend the provisions of the Act and added Section 83 proposing to constitute as many special Courts as may be necessary for tria
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