BALAKRISHNA ERADI, J.

The petitioners in these Criminal Miscellaneous Petitions are employees of certain co-operative societies. They are figuring as accused in certain cases now pending trial before the Special Judge, Trivandrum wherein the petitioners stand charged for offences under S. 5(1)(c) and (d) read with S. 5(2) of the Prevention of Corruption Act and S. 408 I.P.C. The petitioner in Criminal M.P. 1001 of 1975 is also facing a charge under Section 409 I.P.C. before the Special Judge When those cases were taken up for trial by the Special Judge a preliminary objection was raised on behalf of these accused that they are not public servants liable to be proceeded against either under S. 5 of the Prevention of Corruption Act or under S. 409 I.P.C. and that hence the Court of the Special Judge has no jurisdiction to try the cases. By separate but similar orders the learned Special Judge overruled the said contention and held that he has jurisdiction to proceed with the trial of the cases. These Miscellaneous Petitions have been preferred against the said decision rendered by the Special Judge on the preliminary point raised before him.

2. Counsel appearing on behalf