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E. V. VENUGOPAL
Central Bureau of Investigation – Appellant
Versus
Ramesh Gelli – Respondent
JUDGMENT :
E.V. VENUGOPAL, J.
1. Both these criminal revision cases are preferred under Sections 397 and 401 of Criminal Procedure Code (for short ‘Cr.P.C.’) by the petitioner/Central Bureau of Investigation (for short ‘CBI’) aggrieved by the common order dated 10.03.2010 passed in Crl. M.P. Nos. 3214 of 2008 and 3215 of 2008 both in CC No. 21 of 2008, on the file of the learned Special Judge for CBI Cases, Hyderabad wherein and whereunder the accused Nos.1 and 2 i.e. the respondents herein were discharged from the offence under Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988 (for short ‘PC Act’) in the said calendar case.
2. Heard Smt. Anandi, learned Special Public Prosecutor appearing for CBI/petitioner and Sri L. Ravi Chander, learned senior counsel appearing for the respondent in Crl. R.C. No. 365 of 2011 and Sri E. Umamaheshwar Rao, learned counsel representing on behalf of Sri C. Sharan Reddy, learned counsel for the respondent in Crl. R.C. No. 406 of 2011. Perused the record.
3. CC No. 21 of 2008 on the file of the learned Special Judge for CBI Cases, Hyderabad has arisen out of the crime in RC No. 6(E) of 2005, registered by the petitioner agains
The court affirmed that bank executives are public servants under the Prevention of Corruption Act, liable for prosecution for misconduct.
Public servant needs protection from prosecution under IPC only if acts are connected to official duties; lack of nexus and undue delay infringes the right to a speedy trial.
No previous sanction under Section 197 of the Cr.P.C. is required for a Bank Manager and there is no requirement of obtaining the previous sanction under Section 19 of The Prevention of Corruption Ac....
Exoneration in departmental proceedings does not prevent criminal prosecution under the Prevention of Corruption Act if the charges involve higher proof standards; 'public servant' includes cooperati....
The prosecution must provide concrete evidence to prove allegations of criminal breach of trust; absence of critical documentation undermines a conviction under Section 409 IPC.
Members of a Co-operative Society receiving government aid are considered public servants under the Prevention of Corruption Act, necessitating sanction for prosecution.
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