The Div. Jt. Registrar Mumbai had passed an order u/s 148(3) of the MCS Act, allowing for prosecution of the respondents in appropriate Court of Law. The statement made therein in the order ..." the applicants have proved various offences as commited by the respondents as contemplated under provisions of sec 146 & 147of the MCS Act. .... I am inclined to allow the application as contemplated under provisions of sec 148(3) of the MCS Act... accordingly I pass the order.." . ( sec 146 details offences & sec 147 details punishments for the offences ) I would like to get opinion in writing that the order u/s 148(3) means that the respondents are held responsible by the Registar under the provision of sec. 147 of the MCS Act for punishment as may be applicable for offences commited as per sec 146 of the MCS act.
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1.It appears the offender has committed the acts of contempt with regard to attendance or production of documents.
2.If that is then he would either face the prosecution or challenge the order in revisional jurisdiction before the high court u/s 482 crpc.
1) Section 148(3) of the M C S Act 1960 provides that “( 3) No prosecution under this Act shall be lodged, except with the previous sanction of the Registrar.”
2) since Registrar has allowed prosecution you can prosecute the respondents
3) the registrar is satisfied that prima facie case for prosecution is made out
the answer stated is obvious , esp. since the matter with the registrar was represented by me & does NOT answer my original query. Can you please state if the said order implies that the the named persons are responsible u/s 147 of the MCS Act for their acts / deeds , which has to be followed up in a criminal court.
only prima facie case is made out
2) guilt of accused has to be proved during trail
3) although order mentions the applicants have proved various offences as commited by the respondents as contemplated under provisions of sec 146 & 147of the MCS Act.the guilt has to be established during trial
If any offence under the referred law is committed in the view or presence of a Court concerned, the said Court may, after recording the facts constituting the offence and the statement of the accused as provided in the Code of Criminal Procedure, 1973, forward the case to a Magistrate having jurisdiction to try the same, and may require security to be given or the appearance of the accused person before such Magistrate or, if sufficient security is not given, shall forward such person in custody to such Magistrate. The Magistrate to whom any case is so forwarded shall proceed to hear the complaint against the accused person in the manner provided in the Code of Criminal Procedure, 1973.
Thus you may approach the magistrate court for further remedies as per provisions of law.
Can you please state if the said order implies that the the named persons are responsible u/s 147 of the MCS Act for their acts / deeds , which has to be followed up in a criminal court.
The order by the The Div. Jt. Registrar Mumbai, allowing for prosecution of the respondents in appropriate Court of Law, is very clear that the applicants have proved various offences as commited by the respondents as contemplated under provisions of sec 146 & 147of the MCS Act, hence proper legal action as envisaged in the provisions f law under section 148 (3) may be initiated.
Therefore the proposed action agaisnt the respondents is confirmed.