DAYACHAND (CHANCHAL) RAMDAS JAIN Vs. STATE

JUDGEMENT

(1.) THE applicant Dayachand, who is being prosecuted for an offence punishable under Section 161 of the Indian Penal Code and Section 5 of the Prevention of Corruption Act, 1947, has come up in revision against an order of the special Judge, Jabalpur, dated 19 November 1958 by which his preliminary objections against the prosecution were overruled.

(2.) IT is not disputed that, at the material time, the applicant was the Chairman of the Municipal Board, Tikamgarh, though on 17 June 1958, when the police report under Section 173, Code of Criminal Procedure was presented against him, he had resigned and ceased to hold that office.

(3.) IT was unsuccessfully urged in the lower Court that the prosecution was bad because, firstly, the case was investigated by an officer below the rank of a Deputy Superintendent of Police without being authorised in that behalf under Section 5 -A of the Prevention of Corruption Act, 1947 and, secondly, the applicant was not a public servant within the meaning of Section 21 of the Indian Penal Code.