STATE OF MAHARASHTRA vs LALJIT RAJSHI SHAH & ORS.

The Supreme Court addressed whether the Chairman of a Co-operative Society under the Maharashtra Co-operative Societies Act qualifies as a public servant under Section 21 IPC, allowing prosecution under Section 5(1) and Section 5(2) of the Prevention of Corruption Act, 1947. The Court held that the definition of public servant does not extend to such Chairmen, thus affirming the High Court's decision that no cognizance could be taken without prior sanction. Consequently, the appeals were dismissed, upholding the lower court's ruling on the lack of public servant status and sanction requirement.