Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | CODE OF CRIMINAL PROCEDURE, 1973 :ss. 197 and 482 - Petition for quashing of criminal prosecution against Chairman and managing director of a Banking company for lack of sanction u/s 197 - Held : Banking Regulation Act would prevail over the Nationalised J Banks (Management and Miscellaneous provisions), Scheme, 1970 - In view of specific provision for removal of Chairman under the 1949 Act, prima facie, he would not come within the scope of s.197 - Besides, it is yet to be established whether the acts were committed by the accused in the position of his official duty - Judgment of High Court dismissing the petition does not suffer from any infirmity to warrant interference - Penal Code, 1860 - ss. 120-B and 420 - Prevention of Corruption Act, 1988 - ss 11, 12, 13(1) and 13(2) - Banking Regulation Act, 1949 - Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970. A case u/s 120-B read withs. 420 IPC and ss. 11, 12 and 13(2) read with ss. 13(1)(d) of the Prevention of Corruption Act, 1988 was registered by CBI against the appellant-Executive Director and Chairman and Managing Director, Indian Bank. The appellant filed a petition u/s 482 CrPC seeking to quash the proceedings. The other accused also filed similar petitions. The High Court dismissed the petitions. Aggrieved, the accused filed the appeals. It was contended for the appellant in Crl. A. No. 505 of 2006, that his appointment having been made by the Central Government under the provisions of Nationalised Banks (Management and Miscellaneous Provisions) Scheme, 1970 and, as such, he being a public servant, in the absence of any sanction u/s 197(1 )(a) of the Code, cognizance taken by the court was invalid. The stand of the respondent was that under the Banking Regulation Act, 1949, the Chairman of a Banking Company would be appointed only by the Reserve Bank of India which alone would be the authority competent to remove the Chairman and, therefore, provisions of s. 197 of the Code would not be attracted. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2009 INSC 141 |
Petitioner | M. Gopalakrishnan |
Respondent | State By Addl. S.p. Cbi, B.s. & F.c., Bangalore |
SCR | [2009] 3 S.C.R. 151 |
Judgement Date | 2009-02-11 |
Case Number | 505 |
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