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2008 Supreme(SC) 1320

J.M.PANCHAL, ARIJIT PASAYAT
State of Punjab – Appellant
Versus
Karnail Singh – Respondent


Advocates appeared:
For the Appellant :K.K. Khurana, A.A.G., A.K. Mehta and Kuldip Singh, Advocates.
For the Respondent:Gagan Gupta, Advocate.

Judgment

Dr. Arijit Pasayat, J. —

1. Leave granted.

2. Challenge in this appeal is to the Judgment of the learned Single Judge of the Punjab and Haryana High Court allowing the Criminal revision petition filed by the respondent.

3. Challenge before the High Court was to the Order dated 11.5.2004 passed by learned Special Judge, Mansa, framing charges against the respondent for offence punishable under Sections 7 and 13(2) of Prevention of Corruption Act, 1988 (in short the ‘Act’). The respondent was working as a Manager of Punjab Agricultural Development Bank at Budladha. The stand before the High Court was that the writ petitioner was not covered within the definition of “public servant” as the Bank was only a Co-operative Society and not receiving aid of any kind from the Government. An affidavit was filed by the Managing Director, Punjab State Co-operative Agricultural Development Bank Limited to the effect that State Government had invested Rs.50 lakhs as share capital in the Bank and Bank is controlled by the State Government. It was also argued that the Managing Director was an official of the State Government of the designation of Additional Registrar, Cooperative Societies and,







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