Supreme Court · 2009 INSC 141 · Decided 11 February 2009
M. Gopalakrishnan v. State BY ADDL. S.P. Cbi, B.S. & F.C., Bangalore
- Court
- Supreme Court of India
- Citation
- 2009 INSC 141 · [2009] 3 S.C.R. 151
- Case number
- CRIMINAL APPEAL No. 505/2006
- Decided
- 11 February 2009
- Bench
- ARIJIT PASAYAT, MUKUNDAKAM SHARMA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Criminal
- Acts & sections cited
- IPC Section 120, 11, 12, 13(2); CrPC Section 482; Prevention of Corruption Act Section 13(1)(d)
Headnote
CODE OF CRIMINAL PROCEDURE, 1973 : c ss. 197 and 482 - Petition for quashing of criminal prosecution against Chairman and managing director of a Banking company for lack of sanction uls 197 - Held : Banking Regulation Act would prevail over the Nationalised J provisions), D Scheme, 1970 - In view of specific provision for removal of Chairman under the 1949 Act, prima facie, he would not come within the scope of s.197 - Besides, it is yet to be established whether the acts were committed by the accused in the position of his official duty -
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