Case: State Of Punjab Vs. Nirmal Kaur

Respondent-Nirmal Kaur was running a coaching centre. On the accusation of commission of offences punishable under Sections 420, 465, 467, 468, 471 and 120B of the Indian Penal Code, 1860 (in short the `IPC) and Section 13(1)(d) read with Section 13(2) of the Act investigation was undertaken, charges were framed by learned Sessions Judge Ferozepur, under Section 13(1)(d) read with Section 13(2) of the Act as well as the offences punishable under IPC. A petition under Section 401 of the Code of Criminal Procedure, 1973 (in short the `Code) was filed inter alia taking the stand that since the respondent was not a public servant, there was no question of framing charges in terms of Section 13(1)(d) read with Section 13(2) of the Act. The trial court relied on clauses (viii) (xi) and (xii) of sub-clause 2(c) of the Act to hold that the charges were framed legally. The High Court held that clauses (viii) (xi) and (xii) of sub-section 2(c) of the Act have no application to the facts of the case. It was pointed out that the accused was running a coaching centre and therefore she was not performing any public duty. The framing of charge so far as Section 13 of the Act is concerned was to be quashed while the accused was to face trial for the aforesaid offences punishable under the IPC.

Reasoning: 6. Stand of the appellant-State is that in any event by running coaching centre, the respondent was performing public duty. The submission overlooks basic requirement of clause (vii) of Section 2(c) which is applicable only when a public servant holds an office by which he authorized or required to perform any public duty. In the instant case it is nobodys case that the respondent was holding an office by virtue of which she was authorized to perform any public duty.