Supreme Court · 1954 INSC 105 · Decided 29 October 1954

Mahesh Prasad v. The State of Uttar Pradesh

Court
Supreme Court of India
Citation
1954 INSC 105 · [1955] 1 S.C.R. 965
Case number
CRIMINAL APPEAL No. 39/1954
Decided
29 October 1954
Bench
BIJAN KUMAR MUKHERJEA, VIVIAN BOSE, B. JAGANNADHADAS (3-judge bench)
Outcome
Dismissed
Case type
Criminal
Acts & sections cited
IPC Section 161, 162; Constitution Article 1705(c); Prevention of Corruption Act Section 6(c)

Headnote

... . - -- ' ( S.C.R. SUPREME COURT REPORTS 965 MAHESH PRASAD ti. THE STATE OF UTTAR PRADESH. [MuKHERJEA, VIVIAN BosE, and JAGANNADHADAS JJ.J Indian Penal Code (Act XLV of 1860), s. 161-Accused's power or intention to do the official act-Relevancy-Charge­ Prevention of Corruption Act (II of the Indian Penal Code, and it is alleged that the illegal gratification was taken by him for doing or procuring an official act, it is not necessary for the Court to consider whether or not the accused as public servant was capable of doing or intended to do such an act. In a case where the

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