IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Crl. Misc. No.13787-M of 2008 Date of decision : 29-01-2009 Baldev Singh ....Petitioner VERSUS State of Punjab ....Respondent CORAM:- HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA Present: Mr. A.P.S. Deol, Sr. Advocate, with Mr. Davinder Bir Singh, Advocate, for the petitioner. Mr. Anter Singh Brar, DAG, Punjab. KANWALJIT SINGH AHLUWALIA, J. (Oral) On November 21, 2008, a Coordinate Bench passed the following order:- "This application has been filed praying for stay of further proceedings before the Special Judge, Muktsar. It has been contended that the matter is fixed before the Trial Court for framing of charge for 7-12-2008. Essentially, learned counsel has relied on Annexure P-3 to contend that the petitioner is not a public servant, therefore, offence under the provisions of Prevention of Corruption Act, 1988 cannot be alleged to have been committed by the petitioner. It is directed that the Trial Court shall consider the issue raised by the petitioner and take a decision as to whether the petitioner is a public servant or not and the provisions of Prevention of Corruption Act, 1988 could be invoked against him or not before framing of charge. Application is disposed of." Crl. Misc. No.13787-M of 2008 -2- Sh. A.P.S. Deol, Advocate appearing for the petitioner state that in pursuance of order dated November 21, 2008, he had instituted an application in the trial Court in which arguments have been addressed and the case is fixed for pronouncement of the order. Sh. A.P.S. Deol, Advocate state that in case the application is accepted, present petition is rendered infructuous or the application is decided against then that order is required to be challenged. In view of the submission made by Mr. A.P.S. Deol, Advocate, the present petition is disposed of with liberty to the petitioner to assail the order passed by the trial Court in case it is held that petitioner is a public servant. Disposed of with liberty aforesaid. (KANWALJIT SINGH AHLUWALIA) 29-1-2009 JUDGE manju