By Staff Reporter
The Fact:
The point of law is that all government servants are public servants, but all public servants are not government servants. The immunity of necessity of government sanction before cognizance of offence against a public servant under any criminal law by court as granted by S. 197(1) of Code of Criminal Procedure is granted only to government servants who are public servants and not to non- government public servants or deemed public servants such as office bearers of co-operative society.
This fearful paradox is threatening to office bearers of co-operative society who may be alleged to have committed fraud with society money which is nothing but public money held by such office bearers in trust for members of society.
The petitioner in Criminal Writ Petition No. 4306 of 2014 (Herein after referred to as Petitioner) is prosecuted vide Special Case No. 83 of 2003 for the offence punishable under Section 120-B read with 409, 420, 465, 467 and 477-A of Indian Penal Code (hereinafter referred to as IPC) and Section 13(1) (d) of Prevention of Corruption Act, 1988 (hereinafter referred to as PC Act). In the proceeding arising out of Special Case No. 12 of 2006, the petitioner is prosecuted for offence under Section 13(1) (e) of Prevention of Corruption Act.
The Judgement:
- Criminal Writ Petition No.4306 of 2014 is dismissed ;
- The Criminal Revision Application No.332 of 2013 and No.333 of 2013 are allowed and the impugned orders dated 02.07.2012 passed in Miscellaneous Application Exhibit – 135 and Miscellaneous Application Exhibit – 139 by Special Judge, CBI Bombay in Special Case No. 83 of 2003 discharging accused No.3 and 4 are quashed and set aside.
- The trial Court is directed to proceed with the case in accordance with law.
- Hearing of both the Cases is expedited.
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