STATE OF MAHARASHTRA AND Vs. LALJIT TEJSHI SHAH

JUDGEMENT

(1.) BEING unable to see eye to eye with a view expressed by several learned single Judges of this Court namely Rele, J. in the case of "rama Niwrutti Shinde v. The State of Maharashtra" in Criminal Revn. Application No. 24 of 1980, Salve, J. in the case of "ramrao Patil v. Vasant Ahirrao" (Criminal Application No. 360 of 1987) and Tated, J. in the case of "pralhad Shamburao Newale v. State of Maharashtra" "1988 Mah LJ 161" (All Judges of this Court as they then were), another learned single Judge Chaudhari (a sitting Judge of this Court), in the present proceedings, has referred a question to a larger Bench, and that is how the present proceedings are taken up for hearing by us.

(2.) THE present proceedings arise out of prosecutions filed against the respondents under various offences such as Sections 120b, 409, 420, 467, 471 and 477-A of the Indian Penal Code, Sections 7 and 9 of the Essential Commodities Act and Sections 5 (1) (c) and 5 (1) (d) read with Section 5 (2) of the Prevention of Corruption Act. The accused, being members of the Managing Committee of Co-operative Societies a question which was agitated before the learned Special Judge, who was taking cognizance of the offences, was, whether the accused persons are 'public servants' for the purposes of offences under Section 409 of the Indian Penal Code and Sections 5 (1) (c) and 5 (1) (d) of the Prevention of Corruption Act. A further question that was agitated was, whether the prosecutions are maintaianable for want of previous sanction to prosecute the accused.

(3.) THE learned Special Judge has held as follows :