STATE OF MAHARASHTRA Vs. PRABHAKARRAO

JUDGEMENT

(1.) Leave granted.

(2.) The State of Maharashtra and the police inspector, Anti Corruption Bureau, jalna, have filed this appeal assailing the judgment passed by the Bombay High court quashing the first information report fir No. 3001 of 2000 dated 9/2/2000, registered at the police station, Ashti, Taluk partur, Jalna, alleging commission of offences punishable under sections 7, 13 (2) read with section 13 (1) (d) of the Prevention of Corruption Act, 1988 by the respondents herein. Considering the application filed by the respondent no. 1 under section 482 Criminal Procedure Code seeking quashing of the FIR, the High Court by the order under challenge quashed the FIR holding, inter alia, that the accused was not a 'public servant' as defined under the Prevention of Corruption Act, 1988. The High court placed reliance on the decision of this court in the case of State of Maharashtra v. Laljit Rajshi Shah and Ors. reported in [jt 2000 (2) SC 546]. It is relevant to note here that the aforementioned decision was rendered in a case covered by the Prevention of Corruption Act, 1947 and not under the statute which is applicable in the present case. Considering the definition of the expression "public servant' defined in section 21 Indian Penal Code which was adopted in the Prevention of Corruption Act, 1947, this Court took the view that members of the managing committee and chairman of the co-operative societies under the maharashtra Co-operative Societies Act are not public servants. In the Prevention of Corruption Act, 1988 which is relevant for the purpose of the case in hand, the definition of the expression 'public servant' is different. Section 2 (c) enumerates the persons who are public servants. The provision so far as material for the present case is quoted below:

(3.) Under clause (iii) of section 2 (c) any person in the service or pay of a corporation established by or under Central, Provincial or State Act or an authority or a body owned or controlled or aided by the government and under clause (ix) the president, secretary and other office-bearers of a registered co-operative society engaged in agriculture industry, have been included in the definition of "public servant'.