M S THAKAR Vs. STATE OF U P

JUDGEMENT

(1.) THESE two applications under Section 482 CrPC (new) have been filed by one and the same person, namely M. S. Thakrur. The Special Police Establishment of Delhi has submitted two charge-sheets against the petitioner and four others in the Court of the Special Judge Anti- corruption (West) at Lucknow under Sections 120-B, 420 and 467 of 1he Indian Penal Code, and Section 5 (2) read with Section 5 (1) (d) of the Prevention of Corruption Act. Those charge-sheets relate to two separate cases bearing crime nos. 39 of 1974 and 18 of 1975. The occurrence involved in those charge-sheets took place after 2-1-73, i.e. after the coming into force of the General Insurance Business (Nationalisation) Act no. 57 of 1972.

(2.) BRIEFLY stated, the prosecution case is that the petitioner, in his capacity as a public servant, entered into a conspiracy with the other accused persons to cheat the United Fire and General Insurance Society Ltd. In pursuance of the aforesaid conspiracy the accused committed the alleged crimes and obtained amounts of certain claims after opening fictitious accounts in a local bank. The aforesaid cases were registered and investigated in accordance with the provisions of the Prevention of Corruption Act. After conclusion of investigation charge-sheets have been submitted before the Special Judge.

(3.) SECTION 31 of the aforesaid Act no. 57 of 1972 made it clear that every officer or other employee of the Corporation or of an acquiring company shall be deemed to be a public servant for the purposes of Chapter IX of the Indian Penal Code. The phrase 'acquiring company' is defined in SECTION 3 (a) of Act No. 57 of 1972 and Insurance Co., and its unit Co-operative General Insurance Society Ltd., are acquiring companies. It is thus clear that the petitioner was a public servant for the purposes of Chapter IX of the Indian Penal Code when his Company was nationalised by Act No. 57 of 1972. It is now to be seen that what status was conferred upon the petitioner after the nationalisation of the insurance company wherein he was employed as a Branch Manager.