LAKHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS petition under Section 482 of the Code of Criminal Procedure relates to quashment of First Information Report No. 353 dated 31-9-1984 under Sections 161, 165-A Indian Penal Code and under Section 5 (2)(47) of the prevention of Corruption Act registered at Police Station, Sirsa as well as quashment of order dated 18-7-1987 whereby charge against the petitioners was framed Special Judge, Sirsa.

(2.) IN brief, according to the allegations made in the impugned first information report recorded on the basis of the enquiry report submitted by Deputy Superintendent of Police to his immediate superior, Lakhi Ram (Petitioner No. 1) as Manager of Land Development Bank, Sirsa, whereas, Sher Singh (Petitioner No. 2) as Land Evaluation Officer. In the said Bank and Dharam Singh (Petitioner No. 3) a mechanic of the said Bank, accepted illegal gratification/bribe in their capacity of public servants while sanctioning the loan to 150 farmers and cultivators. After completion of the investigation all the three petitioners in the present case were challenged. On the basis of the allegations in the first Information Report and other material produced by the investigating agency the learned Special Judge framed charge under Section 5 (2) of the Prevention of Corruption Act and under Section 16 of the Indian Penal Code against petitioner Nos 1 and 2 whereas against petitioner No 3 only charge under Section 165 A of the Indian Penal Code was framed.

(3.) IT was mainly contended on behalf of petitioner Nos. 1 and 2 that they are not public servants within the meaning of Sections 5 (2) of the Prevention of Corruption Act and Section 21 of the Indian Penal Code because Cooperative Society is not a corporation established by statute, and, that the impugned First Information Report as well as consequent proceedings taken against them are liable to be quashed.