1 WP-1974-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION Mhi CRIMINAL WRIT PETITION NO. 1974 OF 2009 Mr. Shivaji B. Talekar ... Petitioner Vs. The State of Maharashtra ... Respondents Mr. A.P.Mundargi, i/b. Mr. A.M.Saraogi,Advocate, for the petitioner. Ms. M.H.Mhatre, APP, for the respondent - State. CORAM: J.H.BHATIA,J. DATE : 22nd July, 2010. P.C. 1. The petitioner, who is accused No.1 in Special Case No.65/2005 under the Prevention of Corruption Act pending before the Special Judge, Greater Mumbai, has filed this petition mainly on the ground that "Maharashtra Rajya Sahakari Dudh Mahasangha Maryadit", a Co-operative Society, of which he was Executive Director, is not the Government owned, controlled or aided body and he being an employee of that Co-operative Society, is not a public servant and, therefore, he cannot be prosecuted under the provisions of Prevention of Corruption Act. 2. After some discussion at the Bar, and after taking instructions from Mr. N.B.Ghag, Additional Commissioner of Police, ACB, the learned APP 2 WP-1974-09.sxw concedes that the question as to whether the accused/petitioner is a public servant or not may be treated as a preliminary issue and the prosecution will lead the evidence oral or documentary to prove the same. 3. Therefore, with consent of the learned Counsel for the parties, the petition stands disposed of with a direction to the trial Court to frame necessary preliminary issue as noted above and to proceed as per law. If the Court comes to conclusion that the said Society is owned, controlled or aided by the Government and the petitioner/accused No.1 is public servant, the trial Court shall frame necessary charges and proceed with the trial and if it is found otherwise, he will proceed as per law. The trial Court shall expedite the hearing of the preliminary issue and take a decision as early as possible. The accused shall co-operate in early hearing of the matter. The petition stands disposed of accordingly. (J.H.BHATIA,J.)