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Judgment
4 paragraphs · 223 wordsM.M. Punchhi, J.—In this petition u/s 482 of Cr. P.C. effort is being made to quash an F.I.R. registered against an ex-Sarpanch under Sections 409 and 201, Penal Code, for alleged defalcations and criminal breach of trust committed sometime between 1964 to 1969 while in office as a Sarpanch of Gram Panchayat, Babarpur, District Ludhiana.
The claim of the petitioner is that as a Sarpanch, he was not a public servant, as defined in Section 21 of the Penal Code. And if that view is correct, it is maintained that the offence would at best be under Sections 406/201, Penal Code, attracting the bar of limitation u/s 468 of Cr.P.C.
The argument has no basis. The petitioner is a public servant on account of Section 3(1) of the Punjab Gram Panchayat Act defining as to who is a public servant. It says that a ''public servant'' means a public servant as defined in Section 21 of the Penal Code, 1860 and shall include a Panch and a Sarpanch. This knocks out the foundation of the argument and consequently the plea of limitation.
For the above reasons, the F.I.R. cannot be quashed; so also the proceedings which are based thereon before the learned Magistrate who has framed charge against the petitioner under Sections 409/201, Penal Code. This petition is accordingly dismissed.