STATE OF GUJARAT vs DILIPBHAI N PATEL

The Supreme Court held that under Section 149(3) of the Gujarat Co-operative Societies Act, 1961, prior sanction for prosecution is mandatory, but the requirement for a hearing applies only to offences under Section 147(1)(c) and not to other offences. The Court found that the High Court's interpretation, which mandated a hearing for all offences, was incorrect. Consequently, the Supreme Court set aside the High Court's order that required prior hearing for sanction under Section 147(1)(d), allowing the prosecution to proceed without such hearing.