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Order Ramesh Gelli
Order Ramesh Gelli
REPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NOS. 1077-1081 OF 2013
Central Bureau of Investigation,
Bank Securities & Fraud Cell
.....Appellant
Versus
Ramesh Gelli and Others
...Respondents
WITH
...Writ Petitioner
Versus
...Respondents
JUDGMENT
PER RANJAN GOGOI, J.
1.
2.
xxxxx
xxxxx
xxxxx
xxxxx
xxxxx
xxxxx
xxxxx
xxxxx
xxxxx
xxxxx
xxxxx
6.
the
of
public
servant,
nevertheless,
the
mere
Therefore,
a banking
company.
Earlier, only
the
virtue
of
Section
46A
of
the
BR
Act
office
With the
i.e. what
10
(2001) 7 SCC 71
11
12
The
13
the
prosecutions
launched
against
the
accused
Consequently, the
........................................J.
[RANJAN GOGOI]
NEW DELHI
FEBRUARY 23, 2016
Appellant
Versus
Ramesh Gelli and others
Respondents
WITH
Writ Petitioner
Versus
JUDGMENT
Prafulla C. Pant, J.
Appellant Central Bureau of Investigation (C.B.I)
has
challenged
the
judgment
and
order
dated
2.
Trust
Bank
(hereinafter
referred
as
GTB)
was
to
M/s.
Beautiful
Diamonds
Ltd.
against
to
already
overdrawn
Group
with
of
of
M/s.
Companies
other
account
accused
in
pursuance
submitted
of
another
of
Beautiful
Diamonds
Ltd.
and
other
Another
First
Information
Report
No.
6.
not
disputed
that
on
14.08.2004
GTB
relates
as
Chairman-cum-Managing
to
whether
Director
and
the
then
Executive
who
were
Chairman-cum-Managing
said
Director
to
and
be
the
Executive
10
10.
5(b)
read
with
Section
35(A)
of
Banking
11
In support of arguments
of
In this connection,
examine
the
object
for
which
the
Prevention
of
7
8
12
13
14
13.
(ii)
(iii)
(iv)
(v)
15
(vi)
(x)
16
17
to
examine
as
to
whether
the
as under:
public duty means a duty in the discharge of
which the State, the public or the community
at large has an interest.
16.
18
in
place
of
every
chairman,
director,
18.
19
public duty.
20
20.
21
21.
Housing
Board
Employees
Union
and
22.
11
(1996) 1 SCC 95
12
22
23
xxx
xxx
24
xxx
xxx
25
(Emphasis supplied)
At the end it is relevant to mention that in the case
23.
26
27
26.
proper meaning.
meaning of
Section 21
28
IPC, as such offence under Section 409 IPC may not get
attracted, we leave it open for the trial court to take
cognizance of other offences punishable under Indian
Penal Code, if the same get attracted.
27.
Gelli
and
Sridhar
Subasri,
who
were
orders
impugned
are
liable
to
be
set
aside.
29
CBI, are allowed, and Writ Petition (Crl.) No. 167 of 2015
stands dismissed.
..J.
[PRAFULLA C. PANT]
New Delhi;
February 23, 2016.