S NAGARAJ Vs. B.N. NAGARAJU

JUDGEMENT

(1.) The petitioner is accused No.2 in Crime No.7/2013 registered for the offences punishable under Section 13(1)(c) r/w 13(2) of Prevention of Corruption Act, 1988 ('P.C. Act' for brevity) and Sections 465, 468, 477A r/w 120(B) of IPC.

(2.) The petitioner has sought to quash the registration of the above FIR on the ground that the complainant namely respondent No.2 not being the member of the Milk Producers Society has no locus standi to initiate criminal action against the petitioner. Secondly, petitioner is the Secretary of the Milk Producers Society and he is not a "public servant" as defined under P.C. Act, hence, initiation of criminal action for the alleged violations of the provisions of the Act, is not tenable against the petitioner.

(3.) Both these grounds are misconceived and misplaced. It is trite law that criminal law could be set in motion by any person. It is needless to say that criminal proceedings are not initiated for vindication of private grievance. The purpose and object of criminal law is to maintain law and order in the Society and therefore, any act which runs counter to the interest of the Society at large is made an offence punishable under the general penal statutes or under the special laws and a right is conferred on every citizen to set the machinery of the criminal law into motion to bring the offender to book.