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1977 Supreme(AP) 386

MADHUSUDHAN RAO
Misrilal Mangilal Maternity and Child Welfare Centre Construction Committee – Appellant
Versus
K. Rajmallu – Respondent


( 1 ) THIS revision is directed against the order passed by the learned X Metropolitan Magistrate, Secunderabad, in criminal Miscellaneous Petition No. 970 of 1977 on the file of his Court. The petitioner is Misrilal Mangilal Maternity and Child Welfare Centre Construction Committee, represented by its Chairman Thakur V. Hari Prasad. The petitioner filed a complaint before the x Metropolitan Magistrate under sections 420 and 403 read with section 120-B, indian Penal Code, against the three respondents. The Magistrate dismissed the complaint observing as follows: " It is seen from the petition that the complainant Thakur V. Hari Prasad has filed this petition in his representative capacity as Chairman, the Misrilal mangilal Maternity and Child Welfare centre Construction Committee. It is admitted by the Counsel for the complainant that it is not a registered body. I am of the opinion that the committee is not a person in the eye of law and being an unregistered body, it has no legal existence and is not capable of holding or disposing of any property. The Committee therefore cannot sue or be sued. "

( 2 ) AN examination of the contents of the petition filed by the petitioner before t





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