Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Indian Penal Code 1860-Section 21 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Indian Penal Code, 1860-Section 21-Public Servant-Employees of a nationalised Bank-Whether 'public servants' Held yes.The respondent, Branch Manager of Bank of India, was prosecuted for offences under sections 120-B, 420, 409, 467, 468, 471 and 477A IPC and section 5(2) r/ws 5(l)(c)(d) of the Prevention of Corruption Act, 1947. Before charges were framed, the respondent moved a petition for his discharge before learned Judge of the Special Court stating that he was not a 'public servant' and therefore could not be tried by the Special Court. The application was rejected. The respondent filed revision seeking quashing of the prosecution on the ground of delay in the disposal of the case and also on the ground that not being a 'public servant', he could not be tried by a Special Court. The High Court rejected the first ground holding that the delay was not attributable solely to the prosecution. It was however held that the respondent could not be deemed to be a 'public servant' within the meaning of section 21 of IPC and as such could not be tried by the Special Court. The prosecution was accordingly quashed. Hence these appeals.The appellant urged that a nationalised bank was a 'Corporation' and not a 'body corporate' and therefore, the respondent would be squarely covered by the definition of a 'public servant' as per section 21 (Twelfth) (b) of the IPC. |
Judge | Honble Dr. Justice A.S. Anand |
Neutral Citation | 1995 INSC 143 |
Petitioner | Union Of India And Anr. |
Respondent | Ashok Kumar Mitra |
SCR | [1995] 2 S.C.R. 369 |
Judgement Date | 1995-02-24 |
Case Number | 311-12 |
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