1. In this petition under S. 482 of Cr. P.C. effort is being made to quash an F.I.R. registered against an ex-Sarpanch under Ss. 409 and 201, Penal Code, for alleged defalcations and criminal breach of trust committed sometime between 1964 to 1969 while in office as a Sarpanch of Gram Panchayat, Babarpur, District Ludhiana.

2. The claim of the petitioner is that as a Sarpanch, he was not a public servant, as defined in S. 21 of the Penal Code. And if that view is correct, it is maintained that the offence would at best be under Ss. 406/201, Penal Code, attracting the bar of limitation under S. 468 of Cr.P.C.

3. The argument has no basis. The petitioner is a public servant on account of S. 3(1) of the Punjab Gram Panchayat Act defining as to who is a public servant. It says that a public servant means a public servant as defined in S. 21 of the Penal Code, 1860 and shall include a Panch and a Sarpanch. This knocks out the foundation of the argument and consequently the plea of limitation.

4. For the above reasons, the F.I.R. cannot be quashed; so also the proceedings which are based thereon before the learned Magistrate who has framed charge gainst the petitioner under Ss. 4