SOMSETTI LAKSHMI NARSIMAYYA Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1971-3-22
HIGH COURT OF ANDHRA PRADESH
Decided on March 29,1971

SOMSETTI LAKSHMI NARSIMAYYA Appellant
VERSUS
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

- (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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