M. GOPALAKRISHNAN versus STATE BY ADDL. S.P. CBI, B.S. & F.C., BANGALORE

M. GOPALAKRISHNAN versus STATE BY ADDL. S.P. CBI, B.S. & F.C., BANGALORE

Banking Regulation Act, 1949 gives the Reserve Bank authority to appoint and remove the Chairman of a Banking Company, thus the appellant does not fall within the category of public servant contemplated under Section 197 CrPC. The requirement of sanction is not attracted, and the High Court's order denying quashing...

Source-derived case information.

Parties
Appellant: M. Gopalakrishnan; Respondent: State by Addl. S.P. CBI, B.S. & F.C., Bangalore
Jurisdiction
India
Judgment Date
11 February 2009
Procedural Posture
Criminal Appeal / Appeal From Dismissal of Petition Under Section 482 Cr PC by Madras High Court
Outcome
Appeals dismissed
Legal Topics
Quashing of Prosecution, Sanction for Prosecution, Banking Regulation, Public Servant Definition
Criminal Law Banking Law Anti Corruption Law Quashing of Prosecution Sanction for Prosecution Banking Regulation Public Servant Definition

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Parties

M. Gopalakrishnan

Appellant

State by Addl. S.P. CBI, B.S. & F.C., Bangalore

Respondent

Procedural Posture

Criminal Appeal / Appeal From Dismissal of Petition Under Section 482 Cr PC by Madras High Court

Legal Issues

  1. 1 Whether sanction under Section 197 CrPC is required for prosecution of Managing Director/Chairman of a Nationalised Bank
  2. 2 Whether appellant is a 'public servant' not removable except by Government so as to attract Section 197 CrPC
  3. 3 Whether proceedings should be quashed for lack of sanction under Section 197 CrPC

Ratio Decidendi

Banking Regulation Act, 1949 gives the Reserve Bank authority to appoint and remove the Chairman of a Banking Company, thus the appellant does not fall within the category of public servant contemplated under Section 197 CrPC. The requirement of sanction is not attracted, and the High Court's order denying quashing does not warrant interference.

Court Disposition

Appeals dismissed

Orders

  • High Court order upheld; no interference warranted
  • Matter regarding sanction left open to be decided at trial