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2002 Supreme(SC) 959

D.M.DHARMADHIKARI, M.B.SHAH
Govt. of A. P. : General Manager District Co-operative Central Bank LTD. – Appellant
Versus
P. Venku Reddy – Respondent


ORDER

Dharmadhikari, J.-Special Leave to appeal is granted.

2. The learned counsel appearing for the parties are heard finally on merits of the case.

3. Government of Andhra Pradesh and District Co-operative Central Bank Limited, Nellore, through its General Manager, have preferred this appeal challenging the Order dated 26.9.2001 of the Division Bench of High Court of Andhra Pradesh whereby criminal case instituted against the respondent/accused, who was working as Supervisor in the District Co-operative Central Bank Limited, Nellore, for alleged offence of accepting bribe punishable under provisions of the Prevention of Corruption Act, 1988 [for short the 1988 Act ] has been quashed in proceedings under Section 482 of Criminal Procedure Code [for short Cr.P.C. ].

4. The High Court by the impugned order quashed the criminal case pending against the respondent No. 1 under the 1988 Act on the sole ground that the accused is not a public servant as defined in Sub-clause (ix) of Clause (c) of Section 2 of the 1988 Act . In the opinion of the High Court, definition contained in Sub-clause (ix) of Clause (c) of Section 2 of the 1988 Act covers only President, Secretary and other























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