SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) IN this petition under Section 482 of Cr. P. C. effort is being made to quash an F. I. R. registered against an ex-Sarpanch under Sections 409 and 201, Penal Code, for alleged defalcations and criminal breach of trust committed sometime between 1964 to 1969 while in office as a Sarpanch of Gram Panchayat, Babarpur, District Ludhiana.

(2.) THE claim of the petitioner is that as a Sarpanch, he was not a public servant, as defined in Section 21 of the Penal Code. And if that view is correct, it is maintained that the offence would at best be under Sections 406/201, Penal Code, attracting the bar of limitation under Section 468 of Cr. P. C.

(3.) THE argument has no basis. The petitioner is a public servant on account of Section 3 (1) of the Punjab Gram Panchayat Act defining as to who is a public servant. It says that a 'public servant' means a public servant as defined in Section 21 of the Penal Code, 1860 and shall include a Panch and a Sarpanch. This knocks out the foundation of the argument and consequently the plea of limitation.