REVATI MOHITE DERE
Shailesh Ramanlal Mahimtura – Appellant
Versus
State of Maharashtra – Respondent
1. Rule. Rule made returnable forthwith with the consent of the parties and taken up for final disposal.
2. By this application, the applicant has impugned the order dated 17th January, 2014 passed by the learned Special Judge (Prevention of Corruption Act), Mumbai in Special Case No. 90/2010, by which the applicant's application seeking quashing of the criminal proceedings, instituted against him under the Prevention of Corruption Act, 1988 ('PC Act'), came to be rejected.
3. The short question that arises for determination in the present petition is, whether the applicant can be termed as a 'public servant' within the meaning of Section 2(c)(viii) of the Prevention of Corruption Act (hereinafter referred to as the 'PC' Act), in the facts of the present case.
4. The applicant is stated to be a highly qualified and renowned Structural Engineer with expertise of three decades in the said field. He is also stated to have been professionally trained in space analysis and finite element analysis and to have completed an intensive course in project management in conservation repairs targeted towards restoration of heritage structures. It is stated that he is running a company
R.K. Dalmia & Ors. vs. The Delhi Administration
Dattatraya Narayan Patil v. The State of Maharashtra
M/s. Lakmirattan Cotton Mills Co. Ltd. v. Its Workmen
Madhukar G.E. Pankakar v. Jaswant
Mohinder Singh v. State of Punjab
Kanta Kathuria v. Mank Chand Surana
State of Punjab v. Nirmal Kaur
Mathura Singh & Ors. v. State of Uttar Pradesh
Narsimha Rao v. State (CBI/SPE) etc. reported in AIR 1998 SC 2120
Mc Millan v. Guest reported in (1942) AC 561
Shivnandan Sharma vs. Punjab National Bank Ltd. reported in AIR 1955 SC 404
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