T R TAUNK Vs. STATE OF M P

JUDGEMENT

(1.) The petitioner has evoked extraordinary jurisdiction of this Court under Section 482 of the Cr.P.C., praying for quashment of an F.I.R. bearing No.320/2014 registered at Special Police Establishment Lokayukta Office, Bhopal Division, Bhopal against him and one Gopal Shivhare for the offences punishable under Sections 7, 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and 120(B) of the I.P.C.

(2.) The brief facts of the case sans unnecessary details are given below:-

(3.) Learned counsel appearing for the petitioner submits that long back the petitioner had retired as Under Secretary to the Government of Madhya Pradesh and thereafter he got himself enrolled as an advocate and has been practicing law. In view of the above facts, the status of the petitioner is not of a public servant as defined under Section 2(c) of the Act. Therefore, the respondents have wrongly registered the F.I.R. against him. Hence, the F.I.R. be quashed against the petitioner by this Court in exercise of power under Section 482 of the Cr.P.C.