STATE OF MADHYA PRADESH versus RAMESHWAR & ORS.

STATE OF MADHYA PRADESH versus RAMESHWAR & ORS.

The respondents, Chairman and Executive Officer of the Indore Premier Co-operative Bank, come within the definition of 'public servant' under Section 2(c)(ix) of Prevention of Corruption Act, 1988. The High Court erroneously quashed the charges and discharged the respondents relying on a precedent that is no longer applicable after the amendment of Prevention of Corruption Act. There is no statutory bar preventing prosecution under criminal law for the alleged offences. The trial court's order framing charges is to be restored and trial must proceed.

Parties
Appellant: State of Madhya Pradesh; Respondent: Rameshwar & Ors.
Jurisdiction
India
Judgment Date
06 April 2009
Procedural Posture
Criminal Appeal / Appeal From High Court Order Setting Aside Charges Framed by Trial Court
Outcome
Appeal allowed; orders of High Court quashing charges set aside; charges framed by Trial Court restored; trial court directed to proceed with trial.
Legal Topics
Prevention of Corruption Act, Indian Penal Code, Public Servant Definition, Cooperative Societies
Criminal Law Prevention of Corruption Act Indian Penal Code Public Servant Definition Cooperative Societies

Case Brief

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Parties

State of Madhya Pradesh

Appellant

Rameshwar & Ors.

Respondent

Procedural Posture

Criminal Appeal / Appeal From High Court Order Setting Aside Charges Framed by Trial Court

Legal Issues

  1. 1 Whether respondents are 'public servants' under Prevention of Corruption Act, 1988
  2. 2 Whether criminal process or the M.P. Co-operative Societies Act, 1960 governs sanctioning of loans in cooperative banks
  3. 3 Whether the High Court erred in quashing charges and discharging respondents from criminal prosecution

Ratio Decidendi

The respondents, Chairman and Executive Officer of the Indore Premier Co-operative Bank, come within the definition of 'public servant' under Section 2(c)(ix) of Prevention of Corruption Act, 1988. The High Court erroneously quashed the charges and discharged the respondents relying on a precedent that is no longer applicable after the amendment of Prevention of Corruption Act. There is no statutory bar preventing prosecution under criminal law for the alleged offences. The trial court's order framing charges is to be restored and trial must proceed.

Court Disposition

Appeal allowed; orders of High Court quashing charges set aside; charges framed by Trial Court restored; trial court directed to proceed with trial.

Orders

  • Orders dated 17th March 2007 passed by High Court in Crl. Revision No.1303 of 2006 and Crl. Revision No.36 of 2007 are set aside.
  • Charges framed by Trial Court against respondents are restored.