- (1.)Heard Sri Ravi Kiran Rao, Counsel representing the petitioners and the learned Public Prosecutor representing the respondent.
(2.)Sri Ravi Kiran Rao, the learned Counsel representing the petitioners would maintain that the charge sheet was filed alleging an offence under Section 409 IPC. The learned Counsel also would submit that the President and Secretary of a Primary Agricultural Co-operative Society are not public servants within the meaning of Section 21 IPC. In view of the same, the ingredients of Section 409 IPC are not attracted. The Counsel would maintain that in the light of the said legal position, taking cognizance of an offence under Section 409 IPC by the Court below against the petitioners who may not fall within the meaning of 'public servants' cannot be sustained. In the alternative, the learned Counsel would maintain that even if it is to be taken as one falling under Section 406 IPC, the period of limitation would come in, inasmuchas after a long lapse of time of at least 9 years or 7 years respectively, cognizance was taken in relation to the offence as against petitioners 1 and 2. The learned Counsel also would maintain that while taking cognizance no reasons at least had been recorded exercising the powers under Section 473 Cr.P.C. and hence viewed from any angle, the proceedings are liable to be quashed. The learned Counsel also placed reliance on the decisions D. Venkat Rao and another v. State and Asst. Commercial Tax Officer, Hyderabad v Sri Krishna Picture Palace.
(3.)Per contra, the learned Public Prosecutorwould maintain that these aspects may have to be gone into at the appropriate stage and in the light of the allegations made, the further proceedings may have to be proceeded giving liberty to the petitioners to agitate these questions at the appropriate time. The learned Public Prosecutor has taken this Court through the contents of the charge-sheet and also the specific dates and the series of events and would maintain that in any view of the matters, the prosecution would fall within limitation and at any rate this question may have to be gone into at the appropriate stage.