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2002 Supreme(SC) 322

D.P.MOHAPATRA, BRIJESH KUMAR
State Of Maharashtra – Appellant
Versus
Prabhakarrao – Respondent


(1) LEAVE granted.

(2) THE State of Maharashtra and the police inspector, Anti Corruption Bureau, Jalna, have filed this appeal assailing the judgment passed by the Bombay High Court quashing the first information report FIR No. 3001 of 2000 dated 9/2/2000, registered at the police station, Ashti, Taluk Partur, Jalna, alleging commission of offences punishable under sections 7, 13(2) read with section 13(1) (d) of the Prevention of Corruption Act, 1988 by the respondents herein. Considering the application filed by the respondent no. 1 under section 482 Criminal Procedure Code seeking quashing of the FIR, the High Court by the order under challenge quashed the FIR holding, inter alia, that the accused was not a public servant as defined under the Prevention of Corruption Act, 1988. The High Court placed reliance on the decision of this Court in the case of State of Maharashtra v. Laljit Rajshi Shah and Ors. reported in [JT 2000 (2) SC 546]. It is relevant to note here that the aforementioned decision was rendered in a case covered by the Prevention of Corruption Act, 1947 and not under the statute which is applicable in the present case. Considering the definition of







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