PRATAPRAO SHANKARRAO BHOITE Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Rule. Mr. Pranav Trivedi, learned Additional Public Prosecutor and Mr. Dhruv K.Dave, learned advocate, waive service of notice of rule on behalf of respondents Nos.1 and 2 respectively.

(2.) This application has been filed under sec. 482 of the Code of Criminal Procedure for quashing and setting aside the complaint being Criminal Case No.3616 of 2016 pending before the learned Additional Chief Judicial Magistrate, Vadodara for offfences punishable under Ss. 406, 409, 420, 465, 467, 468, 469, 471 and 120B of IPC and the provisions of the Prevention of Corruption Act, 1988.

(3.) Mr. Chirag B.Patel, learned advocate for the applicants, submitted that the Government Servants ' Cooperative Credit Society Ltd. does not fall within the definition of State and the members of the society are retired public servants; further they, therefore cannot consider as public servant, since the Cooperative Society is a private entity. Thus, Mr. Patel submits that the provisions of Prevention of Corruption Act cannot be invoked against the applicants.