P.N.Bakshi - (1.) THESE two connected applications under section 482, CrPC are being disposed of by this common arder. Shri Rohan Singh Sisodia is the Secretary, Kshetriya Sahkari Samiti Aung district Mainpuri where he was transferred in 1976 from Hathras district Aligarth. It appears that several members of the Kshetriya Sahkari Samiti, Hathras filed criminal compliants before the Munsif Magistrate, Hathras against title applicant. THESE compliants have been filed as Annexures in both these petitions. The allegations, inter-alia, in the complaints were that the applicant had made certain false entries with regard to advances alleged to have been made to the members of the Society and had misappropriated the amounts and as such be was liable for the offences under sections 420, 477 and 407 IPC.
(2.) IN these two applications under section 483 CrPC the sole point which has been argued is that the prosecution of the applicant is barred by section 197 CrPC because no sanction for prosecution has been obtained prior to the filing of the complaint. It is argued that the applicant is a public servant and as such no prosecution could be lodged against him without such sanction. A preliminary objection was taken by the counsel for the opposite party that in each of these two petitions the applicant has combined a number of cases together. As a matter of fact each compliant case filed by the Members of the Society is a separate case and, therefore, separate application should have been filed for each case. In reply to this preliminary objection counsel for the applicant has argued that each of these applications under section 482 CrPC may be considered for only one case each, and for the rest, the applicant should be permitted to file separate applications. The preliminary objection appears to be well founded but in view of what has been submitted by the applicant's counsel I would have granted him permission to separate these cases. It is, however, not necessary for me to decide this preliminary objection, in view of the opinion on the question of law which I shall express here. Section 197 CrPC read as follows;- (Sec. 197 CrPC quoted-Editor) In order that this section may be made applicable it is necessary to prove two ingredients namely :- 1. that the applicant is a public servant. 2. that the act complained of was committed in the discharge of his official duties.
(3.) SECTION 124 of the U. P. Cooperative Societies Act enumerates certain categories of persons who shall be deemed to be public servant' within the meaning of section 21 of the IPC. It runs as follows :- (Sec. 124 of U. P. Cooperative Societies Act quoted-Editor). This section is not exhaustive. In other words, apart from the officers mentioned therein the U. P. Cooperative Societies Act, 1965 is also applicable to public servants as defined in section 21 of the IPO. Counsel for the applicant has tried to bring his case within the definition of public servant as mentioned in Sec. 21 (tenth) clause of the IPC which runs as follows :-(Sec. 21, IPC quoted -Editor).;