AKHTAR HUSSAIN Vs. STATE OF HARYANA

JUDGEMENT

(1.) By this petition, under Sec. 482 of Code of Criminal Procedure, Akhtar Hussain-petitioner seeks quashing of First Information Report No. 53 dated Oct. 18th, 2007 under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 (for short 'the Act').

(2.) Prosecution was launched on the statement of Jagat Singh. He filed complaint in Police Station State Vigilance Bureau, Faridabad on Oct. 18th, 2007 stating that petitioner demanded illegal gratification of Rs. 60,000.00 from him for giving him cheque of loan amount of Rs. 2,67,000.00 issued by Primary Cooperative Agriculture and Rural Development Bank, Ballabgarh (for short 'the Cooperative Bank'). The petitioner was working as Land Valuation Officer in the Bank. On the complaint of Jagat Singh, a raiding party consisting of Ramesh Pal, Deputy Superintendent of Police, Naib Tehsildar Ballabgarh and Rambir Singh an independent witness was formed. The currency notes worth Rs. 60,000.00 were initialed by the aforesaid officers. The said amount was paid by Jagat Singh to the petitioner and immediately on raid, the amount was recovered from the petitioner. Hence, the First Information Report was lodged against him after obtaining sanction from the competent authority viz. Managing Director, Haryana State Agriculture and Rural Development Bank.

(3.) The solitary submission of learned counsel for the petitioner is that the petitioner being an employee of the Bank was not 'public servant' and as such, he could not be prosecuted under Sec. 13(1)(d) of the Act. To support the contention, he has relied upon Government of Andhra Pradesh Vs. P. Venku Reddy, 2002(4) RCR (Criminal) 557 .