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V. SUJATHA
Mandela Trimurthulu – Appellant
Versus
State of Andhra Pradesh – Respondent
ORDER :
V. Sujatha, J.
Since the present three (03) Criminal Petitions are raised out of the F.I.R.No.140/2018 on the file of the Station House Officer, Palakol Rural Police Station, Palakol, West Godavari District, A.P., and to quash the same, all these matters are taken up together and disposed of by way of this Common Order.
2. The petitioners in Crl.P.No.10996 of 2018 are arrayed as A1 and A3, the petitioner in Crl.P.No.10857 of 2018 is arrayed as A2 and petitioners in Crl.P.No.10889 of 2018 is arrayed as A4 to A6 in F.I.R.No.140/2018 on the file of the Station House Officer, Palakol Rural Police Station, Palakol, West Godavari District, A.P., and the offences alleged against them are under Sections 468, 471, 477A 409, 420 r/w 34 of IPC.
3. The brief facts of the prosecution case is that the petitioners herein are the President, Secretary, Sales Man and NMRs of Gorintada Primary Agricultural Co-operative Society Limited, Gorintada, Palakol Mandal, West Godavari District and have been discharging their duties without any complaint. While so, the District Co-operative Officer vide proceedings dated 14.12.2015 ordered for enquiry under Section 51 of the A.P. Co-operative Societies Act
Prior sanction from the Registrar is mandatory for prosecution under the A.P. Co-operative Societies Act, and failure to obtain it invalidates the proceedings.
Criminal proceedings under the A.P. Co-operative Societies Act require prior sanction from the Registrar; failure to obtain such sanction invalidates the prosecution.
Procedure for conduct of inquiry and inspection - A person can be proceeded against and vested with liability only if an objective assessment of evidence and materials available on record leads to ir....
Granting prosecution sanction requires careful consideration of evidence, not merely formal compliance; relevant findings from prior inquiries can substantively justify the decision.
The court clarified that serious allegations of misappropriation against cooperative society officials justified not quashing the FIR, reinforcing the need for investigations in light of potential cr....
The court emphasized the necessity of a fair hearing in legal proceedings, ruling that the dismissal of the writ petition was flawed due to the lack of opportunity to contest jurisdictional issues.
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