Khanzada HADAYAT ALI KHAN vs MAZHAR ALI KHAN and others

ORDER

1. ' This order will dispose of the under-noted nine petitions namely P.S.L.As. Nos. 40 to 48 of 1984 filed by Khanzada Hadayat Ali Khan, petitioner, against Mazhar Ali Khan and others, respondents, seeking leave to appeal against the consolidated order of the learned Senior Special Judge, Anti- Corruption, Lahore, dated 30-5-1984 acquitting all the respondents in the cases filed before him under section 249-A, Cr. P C 2 The petitioner's case in brief is that he filed nine private complaints before the Benior Special Judge, Anti-Corruption, against Mazhar Ali Khan and others, respondents, in respect of offences under section 409/420/468/166/167/109, P.P.C. And section 5(2) of the Prevention of Corruption Act in respect of cheating, forgery and embezzlement committed by the respondents in the course of their duties as members of the Management Committee and or as the Secretary of the Model Town Co-operative Society. After writing to appropriate Government to grant sanction and after waiting for the sixty days period to expire, the respondents were issued summons to attend Court.

2. Before the preliminary evidence could be recorded, the respondents submitted an application under section 249-A, Cr.P.C. In each of the nine cases, submitting that no criminal offences stood made out against them and that the allegations levelled against them related to the internal management and business of the Model Town Co-operative Society for which the petitioner had a remedy under section 54 of the Co-operative Societies Act, 1925. After hearing arguments of the parties the learned Senior Special Judge accepted the applications and acquitted the respondents in all the nine cases before him. Being aggrieved by the said orders, the petitioner has filed nine petitions seeking special leave to appeal against the same, which are now before me for disposal.

3. 3 On behalf of the petitioner it is submitted that the matters covered by section 54 of the Co- operative Societies Act, 1925, are civil matters and do not relate to the offences mentioned in the Prevention of Corruption Act, 1947, or the Pakistan Criminal Law Amendment Act, 1958,which offences are exclusively triable by the Special Judge, A nti-Corruption , Punjab.

4. 4 On behalf of the respondents it is submitted, for reasons already given by the learned Senior Special Judge in each of the nine orders of acquittal, that the matters before him are purely relatable to the business or internal management of the Co-operative Society.

5. I have heard the arguments of the learned counsel for the petitioner and the respondents. I have also gone through the consolidated order passed by the learned Senior Special Judge in the nine cases that were before him. From the facts of the nine cases, as recorded therein, it appears that prima facie in each case the dispute touches the business and internal management of the Model Town Co-operative Society. Under section 54 of the Co-operative Societies Act, 1925, any dispute touching the business of a Society which arises between the Society or its Committee, on the one hand, arid any past or present member of the Society, on the other, can only be referred to the Registrar of Co-operative Societies for decision by him of his nominee, or, if either of the parties so desires, to arbitration of three arbitrators. Where such dispute is referred to the Registrar and he finds that certain members of the Managing Committee or the office-bearers of the Society have cheated the Society or committed forgery or embezzled or misappropriated its funds, he can initiate an inquiry under section 43 and under section 44-B of the Co-operative Societies Act can exercise any of the powers given to him under section 50-A, including the power to initiate criminal prosecution under section 50-A(2) of the Act. I think in the instant case, the learned Senior Special Judge should have recorded the preliminary evidence of the petitioner in all the nine cases, before dealing with the arguments of the respondents in the said connection, but considering the fact that inherently the learned Senior Special Judge is correct in his assessment, I do not think I should grant leave merely for the purposes of remanding these cases back on a technical ground, when ultimately the result will be the same. I, therefore, dismiss these nine petitions in limine. ' in limine.