IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.Misc. No.21164 of 2011 Ramendra Sah Versus The State Of Bihar ----------- 2/ 26-09-2011 Heard learned counsel for the petitioner and learned APP. 2. Petitioner has challenged order dated 2.2.2010 passed by learned CJM, Patna in connection with Budha Colony P.S.Case no.194 of 2008 whereby and whereunder petitioner, Ramendra Sah has been summoned to face trial for an offence punishable under Sections 420, 467, 468, 471 of the IPC. It has been submitted on behalf of the petitioner that the order impugned happens to be bad in law as well as on facts in the background that as per Annexure-2, the petitioner was appointed as special tabulator by the Secretary, Bihar Sanskrit Shiksha Board, Patna and whatever acts were performed by the petitioner was in accordance with law in pursuance of his appointment as special tabulator vide Annexure-2. Therefore, the allegation of interpolating and preparing forged document/certificate/mark-sheet cannot sustain against him. In likewise manner, relying upon a decision reported in 2004(1) PLJR 371, also submitted that petitioner happens to be public servant and so sanction was 2 necessary on that very score. As sanction has not been obtained during the course of investigation, as such, cognizance as is presently stood, is not supported and therefore, is liable to be quashed. 3. On the other hand, the State opposed. 4. Now coming to the relevant submission, first of all I would like to refer the definition of public servant incorporated under Section 21 of the IPC which categorizes as:- “ 21. The words “public servant” denote a person falling under any of the descriptions hereinafter following, namely: First.- [ Repealed by the Adaptation of Laws Order, 1950]; Second.- Every Commissioned Officer in the Military, Naval or Air Forces of India; Third.- Every Judge including any person empowered by law to discharge, whether by himself or as a member of any body of persons, any adjudicatory functions; Fourth.- Every officer of a Court of Justice (including a liquidator, receiver or Commissioner) whose duty it is, as such officer, to investigate or report on any matter of law or fact, or to make, authenticate, or keep any document, or to take charge or dispose of any property, or to execute any judicial process, or to administer any oath, or to interpret, or to preserve order in the Court, and every person specially authorized by a Court of Justice to perform any of such duties; Fifth.- Every juryman, assessor, or member of a panchayat assisting a Court of Justice or public servant; Sixth.- Every arbitrator or other person to whom any cause or matter has been referred for decision or report by any Court of Justice, or by any other competent public authority; Seventh.- Every person who holds any office by 3 virtue of which he is empowered to place or keep any person in confinement; Eighth.- Every officer of the Government whose duty it is, as such officer, to prevent offences, to give information of offences, to bring offenders to justice, or to protect the public health, safety or convenience; Ninth.- Every officer whose duty it is, as such officer, to take, receive, keep or expend any property on behalf of the Government, or to make any survey, assessment or contract on behalf of the Government, or to execute any revenue-process, or to investigate, or to report, on any matter affecting the pecuniary interests of the Government, or to make, authenticate or keep any document relating to the pecuniary interests of the Government, or to prevent the infraction of any law for the protection of the pecuniary interests of the Government; Tenth.- Every officer whose duty it is, as such officer, to take, receive, keep or expend any property, to make any survey or assessment or to levy any rate or tax for any secular common purpose of any village, town or district, or to make, authenticate or keep any document for the ascertaining of the rights of the people of any village, town or district; Eleventh.- Every person who holds any office in virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; Twelfth.- Every person- (a) in the service or pay of the Government or remunerated by fees or commission for the performance of any public duty by the Government; (b) in the service or pay of a local authority, a corporation established by or under a Central, Provincial or State Act or a Government Company as defined in Section 617 of the Companies Act, 1956.” 5. The post of the petitioner does not stand in these categories. Therefore, the submission of the petitioner that he happens to be the public servant is not at all 4 visualizing and supported with Section 21 of the IPC. So far as other aspect is concerned there happens to be a prima facie material which could be scrutinized during the course of trial only and in the aforesaid background, I do not see a fit case for interference and accordingly, petition is rejected. perwez (Aditya Kumar Trivedi,J.)