Case against society
Arvind Singh Chauhan
(Querist) 18 August 2011
This query is : Resolved
Sir,
whether 156(3) Cr.P.C. is maintainable against the chairman of a registered society by third person who is not a member of society ?
While According the societies registration Act only registrar has right to proceed against a registered society.
Raj Kumar Makkad
(Expert) 18 August 2011
Your case is not against society rather it is against its Chairman so there is no bar. Otherwise also there is no bar to initiate criminal action against the office bearers of a registered society if they have committed any criminal offence.
In nutshell answer to your query is "yes".
prabhakar singh
(Expert) 18 August 2011
yes is the answer ,Mr.Makkad is right
Advocate. Arunagiri
(Expert) 18 August 2011
The registered society is not immuned from any criminal case.
You can proceed.
THANKACHAN V P
(Expert) 18 August 2011
1.I don't think we can directly file complaint u/s 156 (3). we can file complaint only under section 190 crpc.Then it is the discretion of the court whether it is to be referred to police under 156(3) or conduct inquiry by himself.
202.Postponement of issue of process.-
(1) Any Magistrate , on receipt of a complaint of an offence of which he is authorised to take cognizance or which has been made over to him under section 192, may, if he thinks fit, postpone the issue of process against the accused, and either inquire into the case himself or direct an investigation to be made by a police officer or by such other person as he thinks fit, for the purpose of deciding whether or not there is sufficient ground for proceeding:
Generally criminal complaint can be filed by any person. It is immaterial whether the accused is an individual or chairman of a society.
Rajarshi Bhowmik
(Expert) 19 August 2011
Please note when a criminal case has been initiated against the chairman of a registered society it signifies the complainant intended that there must be sum criminal wrong done by the chairman of that registered society. Also note in criminal case the accused can't be substituted i.e. if the society elects a new chairman after initiation of this case he will have no connection legally with the concern criminal case.According to law every registered society has its legal identity and can sue or can be sue, But on the other hand according to the criminal object a society can't make a crime it self and the criminal activity of any person related to the society makes criminally liable to the society. But in accordance with Civil Law the position is bit difference and the society cannot escape from its civil liability for the acts done by any of its office bearer in the capacity as office bearer. In terms of the view of my friend Ld THANKACHAN V P I strongly differ.Case has to be initiated before a Ld Court u/s 156(3) or u/s 200 of Cr.P.C at first. the question of the contention of sections 190/192/202 comes later.For further details please visit to
www.rajarshibhowmik.webs.com.
