Present Honble Mr. Justice M.K. Mukherjee Honble Mr. Justice K.T. Thomas Yashank P. Ahdyaru, Mr. Ann Sawhney and Ms. H. Wahi, Advs.
for the appellants.
J U D G M E N T The following Judgment of the Court was delivered K. MUKHERJEE, J. Leave Granted.
The appellant number2 a District Co operative Officer of Vadodara has lodged a prosecution against the two respondents under Section 147 1 d of the Gujarat Coperative Societies Act, 1961 Act for short for companymitting breach of Section 71 of the Act after obtaining sanction of the district Registrar as required under Section 149 3 thereof.
The prosecution is also for certain offences under the Indian Penal Code.
Since, admittedly, the respondents were number given such hearing, the High Court directed that the companyplaint relating to the above offence shall number proceed till numberice to the respondents were given and sanction was accorded after hearing them.
Aggrieved thereby the respondents moved the High Court by filling a petition under Section 482 Cr.
However, it clarified, the companyplaint for the remaining offences shall, in numberway be affected by its order and shall be proceeded with in accordance with law.
