Case Note & Summary
The petitioner, Basavarappa S/o Siddappa Shirgumbi, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C.) before the High Court of Karnataka at Dharwad Bench, seeking quashing of a private complaint dated 26.09.2016 and all further proceedings in PC No.20/2016 pending before the Civil Judge and JMFC, Hirekerur. The complaint was filed by the respondent, Abdulsab Majidsab S/o Chamansab Advani, alleging offences punishable under Section 20 read with Sections 28 and 29 of the Karnataka Societies Registration Act, 1960 (the Act). The petitioner contended that the complaint was not maintainable because no prior sanction of the Registrar of Societies had been obtained as mandated by Section 155 of the Act. The respondent argued that the petition was premature and that the issue of sanction could be raised at trial. The Court heard both sides and examined the provisions of the Act. It noted that Section 155 of the Act expressly provides that no court shall take cognizance of any offence under the Act except on a complaint made by or with the previous sanction of the Registrar. The Court held that this requirement is mandatory and not directory. Since the complaint was filed by a private individual without any sanction from the Registrar, the very initiation of the proceedings was barred by law. The Court further observed that allowing such proceedings to continue would be an abuse of the process of the court. Consequently, the Court allowed the petition and quashed the complaint and all proceedings in PC No.20/2016.
Headnote
A) Criminal Procedure Code - Quashing of Complaint - Section 482 Cr.P.C. - Maintainability - Complaint under Sections 20, 28 and 29 of Karnataka Societies Registration Act, 1960 - The petitioner sought quashing of complaint and proceedings in PC No.20/2016 on the ground that no prior sanction of the Registrar was obtained as required under Section 155 of the Act. The Court held that Section 155 of the Act is a mandatory bar and without sanction, the complaint and proceedings are not maintainable. (Paras 2-5) B) Karnataka Societies Registration Act, 1960 - Sanction for Prosecution - Section 155 - Mandatory Requirement - The Court examined the language of Section 155 and held that it is a mandatory provision which prohibits taking cognizance of any offence under the Act except on a complaint made by or with the previous sanction of the Registrar. Since the complaint was filed by a private individual without such sanction, the proceedings were quashed. (Paras 4-5)
Issue of Consideration
Whether a private complaint for offences under Sections 20, 28 and 29 of the Karnataka Societies Registration Act, 1960 is maintainable without prior sanction of the Registrar as required under Section 155 of the Act?
Final Decision
The petition is allowed. The complaint dated 26.09.2016 and all further proceedings in PC No.20/2016 on the file of the Civil Judge and JMFC, Hirekerur, are quashed.
Law Points
- Section 482 Cr.P.C. cannot be invoked to quash proceedings where statutory sanction is absent
- Section 155 of Karnataka Societies Registration Act
- 1960 mandates prior sanction of Registrar for prosecution
- private complaint without sanction is not maintainable
