THE STATE vs ABDUR RASHID MIAH AND 5 Others — 1970 PCRLJ 1157

Citation: 1970 PCRLJ 1157

Court: Dacca

Year: 1970

Decision Date: 1970-01-30

Parties: THE STATE vs ABDUR RASHID MIAH AND 5 Others

Headnotes

Case cited as 1970 PCRLJ 1157

Judgment Text

Court Name: Dacca Judge(s): Ahsanuddin Choudhury, A. M. Sayem Title: THE STATE vs ABDUR RASHID MIAH AND 5 Others Case No.: Criminal Reference No. 257 of 1967 Date of Judgment:1970-01-30 Reported As: 1970 P Cr. L J 1157 Result: Reference rejected JUDGMENT JUDGMENT A. M. SAYEM, J.-This reference is misconceived. It is at the instance of some Directors of a Co- operative Multipurpose Society. One of them is Chairman-cum-Cashier of the Society, and another is its Secretary. They are accused of offences of criminal breach of trust under section 406 of the Penal Code and of abetment thereof. It appears that the Sub-Divisional Magistrate of Jamalpur took cognizance in this case on the complaint of an Inspector without any previous sanction of the Registrar of Co-operative Societies. The Referring Judge recommends quashing of the proceed--ing against the accused, being of the view that the Sub---Divisional Magistrate was not competent to take cognizance in this case in the absence of a previous sanction of the Registrar. The learned Judge refers in this connection to subsection (3) of section 137 of the Co-operative Societies Act, 1940 (hereinafter called the Act) which provides: - "3. No Prosecution shall be instituted under this Act without the previous sanction of the Registrar." Mr. Mazhar Hassnain who appears for the accused is simply unable to support the reference. The learned Deputy Legal Remembrancer has drawn our attention to the words "under this Act" occurring in…

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