Nirmal Co-Operative Society ,Through Sau.Nanda Dinesh Bante v. The State Of Mah. Thr. Its Secretary Dept. Of Home Mantralaya, Mumbai And Another.

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CRIMINAL APPLICATION (APPW) NO. 75 OF 2024 IN CRIMINAL WRIT PETITION NO. 16 OF 2024 Nirmal C-operative Society, through General Manager Sau. Nanda D. Bante Vs.

The State of Maharashtra, through its Secretary, Department of Home & Ors. __________________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders.

and Registrar's Orders.

Mr. Bhushan Dafle, Advocate for the Petitioner. Mr. S.S. Doifode, APP for Respondent Nos.1 & 2/State. Mr. Firdos T. Mirza, Senior Advocate a/b. Ms. Neerja Choube, Advocate for Respondent No.3.

CORAM : ANIL L. PANSARE AND RAJ D. WAKODE, JJ. DATE : 18 th NOVEMBER, 2025.

Heard.

2.

For the reasons set out in the application, the application is allowed and disposed of. The petitioner shall add applicant as party respondent No.4 and serve copy of petition to him.

CRIMINAL WRIT PETITION NO. 16 OF 2024 3.

The remark of the Registry indicates that Ms. Choube, learned counsel, has neither filed Vakalatnama on behalf of respondent No.3 nor filed reply in terms of order dated 6th November, 2025.

4.

Ms. Choube, learned counsel, submits that she made an attempt to file a memorandum of appearance; however, the Registry did not accept the same.

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On this count, the counsel appearing before us have invited our attention to Schedule VII, Chapter XXXII of the Bombay High Court Appellate Side Rules, 1960. The third proviso to sub-rule (2) of Rule 2 provides as under: "Provided further that when any Advocate appears on behalf of Government or any public servant suing or sued in his official capacity, it shall be sufficient for him to file a memorandum of appearance."

6.

Thus, the advocate appearing on behalf of Government is empowered to file a memorandum of appearance. In other words, the Registry should not impress upon filing Vakalatnama.

7.

The Registry shall act accordingly in all the matters. 8.

Mr. Mirza, learned Senior Counsel appearing for respondent No. 3, submits that upon communication received from the Commissioner of Police, respondent No.3 responded vide communication dated 18th September, 2023, stating therein that to lodge FIR against the Society under question, no permission or complaint from the office of respondent No.3 is required to initiate legal action in case of criminal misconduct. Respondent No.3 stated that, as per the provisions of the Multi-State Cooperative Societies Act, 2002 and the Rules made thereunder, such permission is not required.

9.

Despite such status, the Commissioner of Police has not taken any action is what emerges from the correspondence.

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List on 20th November, 2025.

(RAJ. D. WAKODE, J.) (ANIL L. PANSARE, J.) Vijaykumar Signed by: Mr. Vijay Kumar Designation: PA To Honourable Judge Date: 18/11/2025 20:01:08