The main legal point established in the judgment is that the Dy. Registrar, Co-operative Societies, while exercising powers under the M.P. Co-operative Societies Act, is not considered a 'court' within the meaning of section 195 of Cr PC.

( 1 ) THE applicants have filed this petition under section 482, cr pc for quashing the impugned orders passed by the learned magistrate first class, indore in crl. Case no. 978/98 on 23. 6. 1999 and also thereafter the order persons in crl. Rev. No. 240/99 by the ivx a. s. j, indore, dismissing the revision by order dated 12. 1. 2000.

( 2 ) THE facts of the case in short are that the applicant/accused no. 1 is a registered co-operative society under the m. p. co-operative societies act, 1960 (for short hereinafter referred as the 'act') and the applicant-accused no. 2 was its president. The complainant-non-applicant pritpal singh is a member of said society. The complainant-non-applicant had taken loan of rs. 20. 000/- through applicant no. 1 society from m. p. state co-operative awas. sangh, bhopal after pledging his plot. The non-applicant failed to repay trie loan, therefore, the m. p. state co-operative awas sangh. Bhopal filed a dispute under section 84 of the act for recovery of the loan amount before the dy. Registrar, co-operative societies, bhopal against applicant no. 1 society and the non-applicant. The said dispute was decreed by order dated 14. 1. 1998 against the applicant no. 1 society and non-applicant complainant.

( 3 ) ON 21. 4. 1998 the non-applicant filed a private criminal complaint case against the applicants under sections 465 and 471 of ipc and after recording the statement of the complainant and also his witnesses malak singh and chandrashekhar sarwate under sections 200 and 201 of cr pc by order dated 2. 11. 1998 the case was registered and it was directed that the process he issued against the applicants. On 4. 1. 1998 the applicants, those who are accused-persons in the complaint filed an application under section 195. Cr pc setting therein that under the provisions of section 195 (b) (1) of the cr pc, the court of magistrate cannot take cognizance on this complaint and under the aforesaid provisions of section 195, cr pc the complaint is required to be filed by the court of dy. Registrar itself for the offence under sections 463, 471, 475 and 476 because the dy. Registrar is a court and if the offence is alleged to have been committed in respect of a document produced or given in evidence in a proceeding in any court the complaint can only be filed by the court itself. On this application arguments were heard by the learned magistrate and by order dated 22. 6. 1999 the learned trial court dismissed the said application which was filed under section 195, cr pc, on the ground that the dy. Registrar is not a court within the meaning of section 195 of cr pc.

( 4 ) THE applicants preferred a revision against the said order passed by the j. m. f. c. on 22. 6. 1999 before court of ivx. A. s. j. indore. The learned a. s. j. by order dated 12. 1. 2000 dismissed the revision on the ground that the dy. Registrar, co-operative societies is not a court within the meaning of section 195 of the cr pc, therefore, the order of the trial court is legal and justified and needs no interference. The petitioners have filed this petition under section 482, cr pc for invoking the inherent powers of the high court praying that with a view to prevent abuse of the process of any court or to secure the ends of justice this petition be allowed.

( 5 ) I have heard the learned counsel for the parties and perused the orders passed by the courts below and also record of the trial court.

( 6 ) THE submission of shri ba nigam and shri hardia, learned counsel appearing for the applicants is that the dy. Registrar exercising powers under section 84 of the m. p. co-operative societies act and passing a decree is a "court" within the meaning and for the purposes of section 195 of the cr pc. His second submission is that both the courts below have lost sight of this fact and have also not properly appreciated the decisions of this high court considering the question that the dy. Registrar, co-operative societies is a cou