SOMSETTI LAKSHMI NARSIMAYYA Vs. STATE OF ANDHRA PRADESH
HIGH COURT OF ANDHRA PRADESH
SOMSETTI LAKSHMI NARSIMAYYA
STATE OF ANDHRA PRADESH
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(1.) 1. This revision petition is filed by the accused in C.C No. 64 of
1970 to quash a charge framed against him for an offence punishable
under Section 409 I.P.C.
it is alleged that the accused as Secretary of a Co-operative
Credit Society registered under the Andbra Pradesh Co-operative
Societies Act (hereinafter referred to as 'the Act'), has committed
criminal breach of trust in respect of the amount and property entrusted
to him. The contention of Mr. Ravi Subba Rao, the learned
couosel for the accused is that the accused is not a public servant or
a banker, merchant, factor, broker, attorney or agent and therefore,
a charge under Section 409 I.P.C. cannot be framed. Even if all
the facts alleged by the prosecution are proved, it may, at the most
amount to an offence punishable under Section 406 or 408 I.P.C. and
not under Sec. 409.
(2.) The learned Public Prosecutor fairly conceded that the accused
is not a banker, merchant, factor, broker,attorney or an agent, but contended
that the Secretary of a Co-operative Credit Society registered
under the Act is a "Public Servant" within the meaning of Section 21
of the Indian Penal Code and, therefore, the charge is properly
framed under Section 409.
(3.) The question, therefore, that arises for consideration in this
case is whether a Secretary of the Co-operative Credit society registered
under the Act is a "Public Servant" within the meaning of
Section 2t and section 409 I.P. C. It is not in dispute that the
accused is not appointed by the Government, He is elected by the
members of the Co-operative Society in accordance with the registered
bye-laws of the Society.;
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