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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT NAGPUR
URMILA JOSHI-PHALKE
Sanjay Lakhanlal Parashar – Appellant
Versus
State of Maharashtra – Respondent
| Table of Content |
|---|
| 1. judicial proceedings initiated; interim stay confirmed. (Para 1 , 2) |
| 2. background of the case and allegations detailed; application for discharge summarized. (Para 3 , 4 , 5 , 6) |
| 3. arguments regarding classification as a public servant articulated. (Para 7 , 8 , 9 , 10 , 11) |
| 4. court's affirmation of duty performance as key to public servant definition. (Para 21 , 28 , 30 , 31) |
| 5. final judgment rendered; revision denied. (Para 36) |
JUDGMENT :
1. Heard learned counsel Shri Rahul Dhande for the applicant and learned Additional Public Prosecutor Mrs.S.S.Dhote for the State.
3. By this revision, the applicant has challenged order dated 20.2.2017 passed below Exh.17 by learned Additional Sessions Judge, Chandrapur (learned Judge of the trial court) in Special ACB Case No.21/2015 whereby the application filed by the applicant under Section 227 of the Code of Criminal Procedure for discharging him of offences punishable under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (the P.C.Act) has been rejected.
The applicant has been appointed on Ad-hoc basis in Study Centre in the name of “Dnyandeep Shikshan Prasarak Mandal, Chandrapur” (DSPM). T
The definition of 'public servant' under the P.C.Act includes individuals performing public duties, which encompasses roles funded by government resources.
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Golden rule of interpretation for any penal legislation is to interpret same strictly, unless any constitutional considerations are involved, and in cases of ambiguity, benefit of same should enure i....
The court affirmed that individuals executing public duties for public entities can be classified as public servants under the Prevention of Corruption Act, broadening the scope of accountability and....
The court ruled that prior approval under Section 17A of the Prevention of Corruption Act is not required for investigating allegations of corruption in educational institutions, emphasizing the defi....
The main legal point established in the judgment is that a Recovery Agent for a public sector bank can be considered a 'public servant' under the Prevention of Corruption Act, and actions related to ....
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