Failure to obtain prior approval from the Trustee for instituting criminal proceedings under Section 27 (4) (c) of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Act, 1966 is not fatal to the prosecution.

( 1 ) IN these two petitions to quash the proceedings in C. C. Nos. 160 of 1975 and 161 of 1975 on the file of the First Additional Judicial First class Magistrate s Court, Gudivada, a short but interesting question of perhaps of some importance is raised. The question is, whether the failure of the executive Officer of a temple to obtain prior approval of the Trustee to institute criminal proceedings as required under Section 27 (4) (e) of the andhra Pradesh Charitable and Hindu Religious Institutions and Endowment Act, 1966 (hereinafter referred to as the Act ) is fatal to the prosecution.

( 2 ) THE facts giving rise to the petitions are these, The Executive officer of Sri Ranganayakaswamivari Temple, Machilipatnam, filed complaints before the Additional Judicial First Class Magistrate. Machilipatnam for an offence under section 409 I. P. C. against the accused K. Pakeeraiah, formerely Executive Officer of the said temple alleging that the accused had misappropriated the funds of the temple and was absconding. The magistrate took cognizance of the cases. The accused filed a petition in the cases contending that the complainant, namely the Executive Officer failed to obtain the prior permission of the Trustee as required under clause (c) of sub-section (4) of section 27 of the Act and that the absence of such a permission was fatal to the prosecution of the accused. The learned magistrate dismissed the petitions. Hence these two petitions by the accused under section 482 Cr. P. C.

( 3 ) THE answer to the question raised must necessarily depend on the construction of the relevant provisions of the Act. Section 27 (4) (c) of the Act, which is relevant, reads as follows:"27 (4) (c) The Executive Officer appointed under this section shall be under the administrative control of the trustee of the institution or endowment and shall be responsible for carrying out all lawful directions issued by such trustee, from time time. (b) xxx xxx xxx (c) The Executive Officer shall, with the prior approval of the trustee, institute any legal proceedings in the name of the institution or endowment, or defend any srfcb legal proceedings. "the word trustee is defined by Section 2 (28) of the Act to mean, "any person whether known as mathadipati, mohant, dharmakarta, mutawalli, muntazim or by any other name, in whom either alone or in association with any other person, the administration and management of a charitable or religious institution or endowment are vested; and includes a Board of trustees".

( 4 ) IT is not disputed that the complaints in these cases are filed by the Executive Officer in the name of the Institution. It is equally not disputed that before filing the complaints, the Executive Officer had not obtained the prior appoval of the trustee. Therefore, the question is whether failure to obtain the prior approval of the trustee is fatal to the procecution. Clause 4 (c) merely states that the Executive Officer shall institute any legal proceedings in the name of the institution after obtaining the prior approval of the trustees. According to Strouds Judicial Dictionary of Words and Phrases, third Edition, the word legal proceedings mean any civil or criminal proceeding or inquiry in which evidence is, or may be given; and includes an arbitration. In the Laxicon of British India by P. Ramanatha aiyar, the work legal proceeding is defined to mean, proceeding regulated or prescribed by law in which judicial decision may or must be given. The phrase "legal proceeding", is any proceeding in court of justice by which a party pursues a remedy which the law affords him. The term emcraces any of the formal steps or measures employed in the prosecution or defence of a suit. It refers to the use of a judicial process". (Vide: A. I. R. 1929 Madras, 175 ).

( 5 ) THE provisions of a statute must be construed by Courts to make it effective and workable and not inept. The work legal proceeding in the section should be given a wide connota

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