RAMESH BALKRISHNA KULKARNI versus STATE OF MAHARASHTRA
A Municipal Councillor is not a public servant within the meaning of Section 21 IPC and cannot be prosecuted under Section 161 IPC or Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, whether or not prosecution sanction is obtained.
- Parties
- Appellant: Ramesh Balkrishna Kulkarni; Respondent: State of Maharashtra
- Jurisdiction
- India
- Judgment Date
- 31 July 1985
- Procedural Posture
- Criminal Appeal / Appeal From High Court Conviction and Sentence
- Outcome
- Appeal allowed
- Legal Topics
- Definition of Public Servant, Municipal Councillor Prosecution, Prevention of Corruption Act Applicability
Case Brief
Summary, issues, holding and outcome
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Parties
Ramesh Balkrishna Kulkarni
Appellant
State of Maharashtra
Respondent
Procedural Posture
Criminal Appeal / Appeal From High Court Conviction and Sentence
Legal Issues
- 1 Whether a Municipal Councillor is a public servant under Section 21 of the Indian Penal Code
- 2 Whether a Municipal Councillor can be prosecuted under Section 161 IPC and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act
Ratio Decidendi
A Municipal Councillor is not a public servant within the meaning of Section 21 IPC and cannot be prosecuted under Section 161 IPC or Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, whether or not prosecution sanction is obtained.
Court Disposition
Appeal allowed
Orders
- Conviction and sentence set aside
- Appellant acquitted of charges
Full Case Text
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