LAWS(BOM)-2014-9-56

SHAILESH RAMANLAL MAHIMTURA Vs. STATE OF MAHARASHTRA

Decided On September 12, 2014
Shailesh Ramanlal Mahimtura Appellant
V/S
THE STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Rule. Rule made returnable forthwith with the consent of the parties and taken up for final disposal.

(2.) By this application, the applicant has impugned the order dated 17th January, 2014 passed by the learned Special Judge (Prevention of Corruption Act), Mumbai in Special Case No. 90/2010, by which the applicant's application seeking quashing of the criminal proceedings, instituted against him under the Prevention of Corruption Act, 1988 ('PC Act'), came to be rejected.

(3.) The short question that arises for determination in the present petition is, whether the applicant can be termed as a 'public servant' within the meaning of Section 2(c)(viii) of the Prevention of Corruption Act (hereinafter referred to as the 'PC' Act), in the facts of the present case.