CiteTEXT
...the Prevention of Corruption Act, 1998, the Accused person must be a public servant within the meaning of section 21 of ipc.
6. The Learned Counsel fo...the Board shall be deemed to be public servants within the meaning of section 21 of ipc. However, the said Electricity Supply Act, 1948 at the time of introduction of the...come within the ambit of section 21 of ipc.
10. According to the Learned Government Advocate (crl.side) appearing for the respondent, during August, 2011, the Petitioner (A.E., TTPS...
...ground is concerned, the High Court agreed with the submission made on behalf of the respondent and held that the respondent could not be deemed to be a “public servant” within the meaning of Section 21 of...therefore, the respondent would be squarely covered by the definition of a “public servant” as per Section 21 Twelfth (b) of IPC.6. In...“public servants” within the meaning of Section 21 RPC (corresponding to Section 21 IPC), this Court opined:“So far as the Life Insurance Corporation is conce...
...submit that such a Police Officer is also a public servant under Section 21 of IPC and therefore he is entitled to register an FIR, investigate the case and file a Final Report and such Final Report...effect that since a Police Officer is also a public servant under Section 21 of IPC, his Final Report filed before the Court under Section 173(2) of Cr.P.C must be cons...as a complaint under Section 195(1) (a)(i), is also not sustainable. The word used under Section 188 of IPC is "public servant lawfully empowered" and the word used in Section 195(1)(a)(i) is "public serva...
...meaning of Section 21 of IPC read with Section 8 of the West Bengal Co-operative Societies Act, cannot be tried by Special Court by virtue of West Beng...meaning of Section 21, IPC read with Section 8 of the West Bengal Cooperative Societies Act, 1983, and;
(ii) whether he is liable to be tried for an...offences mentioned in item No. 2 of Section 4 of West Bengal Criminal Law (Amendment Act), 1949 by a Special Court established under the said Act.
5. For better appreciation ...
...invoked. Now, in view of the charge leveled against them under Section 409 of IPC, it shall be considered as to whether they can be brought within the definition of 'public servant' as enjoined in ...IPC. Their status as public servants' under Section 129-A of the Act cannot be imported for the purpose of seeing whether they are 'public servants' or not as per the provisions of Section ...IPC. The answer in my considered view is definitely in the negative. To bring home the charge under Section 409 of IPC, they shall be proved to be the public servants falling within the definition of 'publ...
...‘public servants’ as envisaged by Section 21 of IPC and the finding to that effect by both the Courts below is erroneous and, therefore, the charge under Sec. 409 is unsustainable.8. Of...Society attracts the definition of ‘public servant’ as enjoined in Section 21 of IPC or not is to be considered.16. It is no doubt true that under Section 129A of the Act,...considered to be public servants for the purposes when the provisions of the Act are sought to be invoked. Now, in view of the charge leveled against them under Sec. 409 of IPC, it shall be considered as to whether...
...Section 64 of M.P. Krishi Upaj Mandi Adhiniyam, 1972, the respondents are "public servants". Hence they are public servants within the meaning of provisions under section 21 ...& 2 for offence under Section 407 of IPC on the ground that the accused persons are not public servants.
The same has been considered in Cr.A. No.30/14 and it is held that under...applicant has argued that by virtue of articles 1 to 18 and articles 25 & 26, the amounts were deposited. However, this amount said to have not deposited to the Mandi Udaipur and, therefore...
...contends that the Revision petitioners are not 'public servants' as envisaged by Section 21 of IPC and the finding to that effect by both the Courts below is erroneous and, therefore, the charge under...such President and Secretary of the society attracts the definition of 'public servant' as enjoined in Section 21 of IPC or not is to be considered.
( 12 ) IT is no doubt true that under...409 of IPC, it shall be considered as to whether they can be brought within the definition of 'public servant' as enjoined in Section 21 of IPC. Their status as 'public servants' under ...
...’ within the meaning of clause 12(b) of Section 21 IPC and he was thus a ‘public servant’ within the meaning of said Section 21. Impugned order droppin...held that the employees of an Insurance Company were not ‘public servants’ within the meaning of Section 21 RPC (corresponding to Section 21 IPC), this court opined:—“So far...Dogra and his associates has stated before us that the finding of the High Court on this score is not tenable and the respondents must be held to be public servants.”Section 21 IPC provides:...
...competent authority under the Chapter to be a public servant within the meaning of Section 21 of IPC, while all proceedings before such authority are deemed to be judicial proceedings for the purposes...of Sections 193 and 228 IPC under Section 50, and Section 51 deems the competent authority to be a civil court for the purposes of Sections 345 and 346 of the Code of Criminal Procedure, ...otherwise of such claim having regard to the limited issue that is before us in these proceedings. The respondent filed an application under Section 24 read with Section 42 of the Act before the Competent...
...report and the section under which (Section 408 IPC) has
been registered as prima facie, the petitioner is a public servant in view of
Section 21 of IPC being employee ...under Section 41-A Cr.P.C. The petitioner has been
wrongly implicated and could not be arrested. Reliance has been placed on the
judgment of Apex Court in...
Neutral Citation No. - 2023:AHC:100520-DB
Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 6365 of 2023
Petitioner :- Ravindra Kumar Singh...
..., appellant was in the employment of the M.P.E.B. on the post of Assistant Engineer and not covered under the definition of the 'public servant' as given under section 21 of the ipc. As s...'public servant' means a public servant as defined in section 21 of the ipc. On perusal of the definition of 'publicservanl' given in section 21 of the ipc, the...submitted that in view of the provisions of Section 81 of the Electricity (Supply) Act, 1948, the appellant is covered under the de...
...in the Indian Penal Code shall be deemed to have the same meaning attributed to them in the Indian Penal Code. Section 21 of the Indian Penal Code defines “public servant” and therefore the expression “public servant” will ...falling under any of the descriptions given in various clauses under Section 21 of IPC need to be appointed by the Government. If such person falls under any of the descriptions as contained in va...clauses of Section 21 of the Indian Penal Code, such person must be held to be a public servant. Explanation 1 of Section 21 indicates that persons falling under any of the above...
...accused in respect of offence punishable under Section 161 or Section 165 of the Indian Penal Code or of an offence referred to in clause (a) or clause (b) of Section 5(1) of the...public servants as defined under Section 21 of the IPC.30. It is common ground that clauses (a) and (b) of Section 6(1) of the Act cannot cover the Judges ...have here? Section 21 of the IPC while defining ‘public servant’ has denoted as many as twelve categories of persons. It includes not only the State and Central Government employees but also others...
...under Section 21 of IPC, is entitled to get sanction under Section 197 of the Cr.P.C. from appropriate Government. Therefore, without considering the aforesaid aspect, Annexure-A3 complaint was fi...come within Section 21 of IPC as a public servant and sanction under Section 197 of Cr.P.C., is not necessary.
5. Now the question that arises for consideration is ...contended that the petitioner is entitled to get protection of 9thclause of Section 21 of IPC. To that extent, he is holding Government office and his duty is to prevent infraction ...
...applicant has not filed any application under Section 197 of Cr. P.C. before the trial Court contending that he is a public servant as defined under Section 21 of IPC and therefore, he cannot...has been filed against the applicant for commission of offence under Section 304-A of IPC. No accusation has been stated or charge has been framed against the applicant/accused so far. Therefore...Dinesh Kumar Paliwal, J.:— This petition under Section 482 of Cr. P.C. has been filed for quashment of the FIR No. 278/2020 dated 22.09.2020, registered at Police Station...
...Cooperative Society and for framing the charge under Section 409 of IPC, he should be a public servant under Section 21 of the IPC. But petitioner does not come within the purview ...under section 21 of ipc. In this view of the matter, impugned order is liable to be set aside. In continuation, learned counsel for the petitioner also submitted that learned trial Court has...are sufficient evidence available against the petitioner for framing the charge under Section 409 of IPC and prays for dismissal of the petition.
5. The main contention of the learned coun...
...Society and for framing the charge under section 409 of IPC, he should be a public servant under section 21 of the ipc. But petitioner does not come within the purview of public ...section 21 of ipc. In this view of the matter, impugned order is liable to be set aside. In continuation, learned counsel for the petitioner also submitted that learned trial Court has discharged co...sufficient evidence available against the petitioner for framing the charge under section 409 of IPC and prays for dismissal of the petition.
4. The main contention of the learned counsel...
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...FIR. Investigation against the applicant is pending and custodial interrogation is required. It is further submitted that as per the definition of Public Servant under Section 21 of IPC, the present...applicant's case falls within section 21(a) of IPC, which provides that every person in the service or pay of the Government or remuneration by fees or commission for the performance of any public...No. 152/2019 registered at Police Station Dabra Dehat, District Gwalior for the offences punishable under Section 186, 294, 353, 506 of IPC.
6. Allegations against the applicant, in...