SRI HARIDAS MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Order dated 08.04.2016 passed by the learned District Judge at Birbhum in Special Case No. 3 of 2012 rejecting the prayer of the petitioner to discharge from the impugned prosecution has been assailed.

(2.) The contention of the petitioner is to the effect that he being a manager of Khayrasol Anchalic Farmer Service Cooperative Society Limited (hereinafter referred to as 'cooperative society') is not a public servant under section 21 of the Indian Penal Code and, accordingly, prosecution instituted against him under section 409 of the Indian Penal Code is not maintainable. The learned lawyer for the petitioner relies on (2013)1 C.Cr.LR (CAL) 479 [Dilip Kr. Sarkar Vs. State of West Bengal] in support of such contention. He also submits that the alleged misappropriated sum had been accounted for to the cooperative society even before registration of the First Information Report showing that the impugned prosecution is a mala fide one.

(3.) Mr. Singh, learned Public Prosecutor appears for the State opposes such prayer.