NAND KISHORE TRIVEDI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS petition Under Section 482, Cr. P.C. is directed against the order dated February 21, 1990, passed by the Special Judge, C.B.I. Cases, Jodhpur, by which the learned Special Judge rejected the application of the petitioner.

(2.) THE petitioner, who was working as an Officer in the State Bank of Bikaner and Jaipur, Khanda Falsa, Branch, Jodhpur, is facing trial Under Sections 409 and 420, I.P.C. read with Section 5(1)(c) and Section 5(2) of the Prevention of Corruption Act, in the Court of the Special Judge, C.B.I. Cases, Jodhpur. During the pendency of trial, on February 6, 1990, the petitioner moved an application, raising an objection that as he is not a 'public servant', therefore, his trial by the Special Judge, C.B.I. Cases, Jodhpur, is wholly without jurisdiction. The learned Special Judge, by his order dated February 25, 1990, rejected the application filed by the petitioner and held that the petitioner's case is recovered by Section 21(12) of the Indian Penal Code and he is, thus, a public servant.

(3.) IT is contended on behalf of the petitioner that the petitioner is not a public servant and his case is not covered Under Section 21(12) of the Indian Penal Code, and therefore, he cannot be tried by the Special Judge, C.B.I. Cases, Jodhpur. The learned Public Prosecutor, on the other hand, has supported the order passed by the learned Special Judge.