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2017 Supreme(Mad) 1915

G.JAYACHANDRAN
Ramesh Gelli – Appellant
Versus
Inspector of Police, Central Bureau of Investigation – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Abudukumar Rajarathinam, Mr. S. Ashok Kumar
For the Respondent: Mr. K. Srinivasan, Special Public Prosecutor (CBI cases)

ORDER :

1. This Criminal Revision Case is filed by the petitioner seeking to set aside the order passed in Crl.M.P.No.5944 of 2016 in C.C.No.3 of 2009 pending on the file of the learned XI Additional Special Court at Chennai and direct the trial Court to return back the charge sheet filed by the respondent in lieu of the dictum laid down by the Hon'ble Supreme Court in N.K. Ganguly v. Central Bureau of Investigation reported in 2016 (2) SCC 143.

2. The contention of the learned counsel appearing for the revision petitioner is that the petitioner was former Chairman-cum-Managing Director of Global Trust Bank which later got merged with Oriental Bank of Commerce. Based on the complaint of the year 2004, an F.I.R. was registered on 26.03.2007 by the respondent police which entrusted with specific task of investigation of bank securities and fraud cases. The main contention of the revision petitioner is that he being a servant of private bank, cannot be considered as public servant to be prosecuted under the Prevention of Corruption Act. However this contention, in a different case, was negatived by the Hon'ble Supreme Court to the extent that under Section 46-A of the Banking Regulation




































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