( 1 ) THE Order of the Court was delivered by The Hon ble The Chief Justice : this Criminal Revision Petition has been referred to a Bench by Bhimasahkaram j. on the ground that it raised a question of considerable importance. Sec. 408 I. P. G. On it being contended that the offence charged was one under sec. 5 (2) of the Prevention of Corruption Act and the Prosecution could not evade the provisions of that Act and charge the accused under Sec. 408 ; held : Sec. 137 of the Indian Railways Act positively enacts that every railway servant shall be deemed a public servant for the purpose of Chapter IX of the I. P. C. and negatively says that a railway servant shall not be deemed to be a public servant for any of the purposes of that code except those mentioned in Sub-Sec. (I ). A railway servant therefore would not be a public servant for the purpose of the I. P. C, except in regard to offices mentioned in Chapter IX of that Code. In the case of a clerk, under the Railway Act, he cannot be prosecuted as a public servant under sec. 409 as he is not one for the purposes of that Section. A comparative study of the ingredients of Sec. 405 I. P. C. read with Sections 408 and 409 I. P. G.

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