Court : Kerala
..... in the partnership of the said aramana bar and restaurant and corresponding undue pecuniary advantage to others by the criminal misconduct of the accused. the above said acts of the accused constitutes criminal conspiracy, abuse of official position in the capacity of public servants, criminal misconduct, forgery, cheating and using the forged documents as genuine and thereby committed the offences punishable u/ ..... s 13(2) r/w 13(1)(d) of pc act 1988 and section 420, 468, 471 and 120(b) ipc." 3. i have heard the learned senior counsel appearing for the petitioner and also the learned public prosecutor.4 ..... forged declaration dated 30.09.2004, through corrupt and illegal means, by abusing their position as public servants, for pecuniary crl.m.c.no.691/2013 2 advantage, conspired with a1 t.k.sajeevan, a2 t.k.rajeevan and a3 smt.rukmani, as a result of ..... t.v.raphel while working as the circle inspector of excise, thrissur and accused a5 sri.sebastian george while working as assistant excise commissioner, thrissur and as such being public servants, with an intention to drop out deceased e.satheeshkumar, husband of the de facto complainant murugarselvi from the reconstitution of partnership of aramana bar and restaurant, thrissur through .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1986MP149
..... is signed by respondent no. 6 shri r.g. nikkan.5. thus, in short according to the'petitioner the respondents nos. 3 and 6 havecommitted offences of public servant receivingillegal gratification, criminal misappropriation of property by public servant, criminal breach of trust, conspiracy and other serious crimes. further according to the petitioner, the respondents nos. 1, 2, 4, 10 and 11 have knowingly desired, received ..... for a specific purpose. we are, therefore, of opinion thatconsidering the facts and circumstances of the case, though the petitioner has failed to make out a case for criminal prosecution, this is a fit case in which the state government should make departmental enquiry relating to the conduct of these responsible officials in the manner in which they have ..... the present case narrated above would indicate. however, we are not persuaded to agree with the submission made by the learned counsel for the petitioner that a case of criminal prosecution should be launched against these officials for the alleged offence as mentioned in the petition. the majority decision in the supreme court decision reported in air 1982 sc ..... also silent as and when it was returned. further so far as the petitioner is concerned, it is contended that the averments made by the petitioner are not in public interest but are made only in self praise.10. admittedly the respondents have not submitted any record regarding these purchases. none of these responsible respondents who were then in .....Tag this Judgment!
Court : Delhi
Reported in : 1993CriLJ818; 1993(1)Crimes483; 49(1993)DLT174; 1993(25)DRJ269; 1993RLR15
..... the present petition are that the petitioner resident of village jawali, police station loni, district ghaziabad (u.p.) had been an active criminal indulging in acts of violence, murder, attempt to murder, planning turn dacoity, attack on public servant, criminal intimidation, robbery and use of explosive substances. he was involved in as many as 14 cases. from these activities it was found ..... that he was restless, desperate and highly dangerous criminal. he bad planned heinous crimes like dacoity and also conspired to kidnap for ransom. ..... his activities were a menace to the public at large as he had created a sense of terror and insecurity. though he was a permanent ..... he did not hesitate to attack and snatch government arms from the government servants engaged in the performance of their lawful duties.under these circumstances, it was considered that .....Tag this Judgment!
Court : Delhi
Reported in : 42(1990)DLT629; 1991(20)DRJ356
..... detention order that the petitioner was involved in many criminal cases in the area of union territory of delhi the following cases were referred therein us background to ..... jail, tihar, delhi. it is mentioned in the detention order that the petitioner is an active criminal of the area of police station saraswati vihar. delhi, who has indulged in acts of violence, murder attempt to murder, riots, robbery, wrongful confinement, abduction, .mack on public servant, criminal intimidation. house trespass and offence punishable under the arms act. it is also mentioned in the ..... so that his criminal/violent activities which are prejudicial to the maintenance of public order can be stopped. it is this order which is under challenge. (3) i have heard the learned counsel for the parties at length. ..... hires himself out to persons who wish to intimidate other people his arrest/prosecution in a number of cases have not deterred him from his criminal/violent activities which arc prejudicial to the maintenance of public order keeping in view his activities it has been felt necessary to detain him under section 3(2) of the national security act, 1980 .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR2007SC1381; (2007)2CALLT62(SC); 2007CriLJ1831; JT2007(4)SC333; RLW2007(4)SC2736; 2007(4)SCALE150; (2007)4SCC323; 2007AIRSCW1728; (2007)2SCC(Cri)293; (2007)2Crimes364(SC); 2007LawHerald(SC)979; 2007(3)KCCR1649(SC).
..... the teacher has taken undue advantage of his official position. even then, there must be an inducement or seduction by a public servant so far as the woman in his custody is concerned. sexual intercourse, therefore, for the purpose of attracting section 376b of the indian penal ..... for the custody of the narrow seas).10. when these two ingredients are satisfied, the third ingredient, therefore, would be as to whether the public servant has taken advantage of his official position. if a student and a teacher fall in love with each other, the same would not mean that ..... but therefore other ingredients thereof must be found to be existing.8. we will assume that the appellant being a teacher of the government school was a public servant. but all the students of the school, only thereby, were not in the custody of the appellant. the expression 'custody' implies guardianship. a ..... and 376d, there would be consent on the part of the prosecutrix but such consent has been obtained by taking undue advantage of the position as public servant, superintendent or member of the management. sections 376a to 376d, stricto sensu therefore, do not deal with rape as is understood in its ordinary parlance ..... rape. the learned trial judge, however, was of the opinion that as the school, in question, was a government school, the appellant was a public servant. the prosecutrix was a student, and thus, in that capacity, was in his custody and in that view of the matter he was guilty of .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1957All436
..... suspend the applicant was, therefore, necessary, before the applicant could be reinstated and the applicant could not be deemed to have been automatically reinstated after the termination of the criminal case. it would be a wholly different case if in a departmental proceeding the person proceeded against is dismissed and subsequently his dismissal is set aside. in that case ..... into the charges served upon the petitioner in the departmental inquiry, presumably because he was undergoing a trial on similar other charges. the applicant was ultimately acquitted by the criminal court on 30-11-1951 but no orders reinstating him were, however, passed. during the pendency of the trial another charge sheet in respect of some other charges ..... charges framed against him in 1951, therefore, continued even after the termination of the criminal case and the argument that the suspension automatically terminated with the acquittal of the applicant in the criminal case cannot be accepted. 6. the last point urged was that the public service commission had not been consulted before disciplinary action was taken against the applicant. it ..... is not seriously disputed that under the regulations framed it was provided that the public service commission will not be consulted with regard .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT1991(3)SC198; (1992)IILLJ53bSC; 1991(2)SCALE150; (1991)3SCC655; 3SCR189a
..... does not mean that the act was intended to condone the offence of bribery and corruption by public servant. nor it was meant to afford protection to public servant from criminal prosecution for such offences. it is only to protect the honest public servants from frivolous and vexatious prosecution. the competent authority has to examine independently and impartially the material on ..... of the act creates offence of criminal misconduct on the part of a public servant. the public servant defined under section 2 means a public servant as defined in section 21 of the ipc. section 21 of the ipc is not really defining 'public servant' but enumerating the categories of public servants. it has enumerated as many as twelve categories of public servants. section 5 (2) provides ..... the gratification or thing aforesaid is, in its opinion, so trivial that no inference of corruption may fairly be drawn.5. criminal misconduct.- (1) a public servant is said to commit the offence of criminal misconduct -(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or ..... ) as seen earlier relates to the proof of assets possessed by the public servant. when the prosecution proves that the public servant possesses assets disproportionate to his known sources of income, the offence of criminal misconduct is attributed to the public-servant. however, it is open to the public servant to satisfactorily account for such disproportionality of assets. but that is not .....Tag this Judgment!
Court : Delhi
Reported in : 2004(72)DRJ693
..... within the jurisdiction of the special judge merely by including the offence punishable under section 5(2) of prevention of corruption act, 1947 on account of criminal misconduct by public servants by abusing their official position by awarding the contract so as to gain pecuniary advantage to bofors and its agents and themselves and all other offences were ..... prevention of corruption act 1947 and section 165a read with section 161 ipc against the petitioners for having entered into a criminal conspiracy with the public servants to cheat the government of india and having abetted the public servants to commit criminal misconduct by abusing their official position and taken illegal gratification for awarding the contract are quashed. (ii) the charges that ..... 1)(d) of the p.c. act, 1947 and under section 161 ipc against the petitioners for having entered into criminal conspiracy with the public servants to cheat the government of india and having abetted the public servants to commit 'criminal misconduct' by abusing the official position and accepting the bribe in awarding the contract have been framed purely on the basis ..... , have through these petitions challenged the impugned order dated 14.11.2002 passed by the learned special judge whereby he has charged them for having entered into criminal conspiracy with the public servants late shri rajiv gandhi, shri s.k. bhatnagar, win chadha, ottavio quattrocchi and bofors' president matin ardbo to cheat the government of india inasmuch as .....Tag this Judgment!
Court : Allahabad
Reported in : AIR1955All275; 1955CriLJ754
..... one offence, the offender is liable to be prosecuted and punished under any of those offences as soon as the crime is committed. the moment a public servant commits criminal breach of trust, he is liable to be prosecuted and punished both under section 409, i. p. c. and section 5(2), prevention of ..... embodied in section 5(2) is punishable under section 5 (2), prevention of corruption act.41. it cannot be disputed that the moment a public servant commits criminal breach of trust in respect of property entrusted to him in that capacity, he is liable to be prosecuted under section 5(2), prevention of ..... ).28. our answer to the first question is, therefore, in the negative and in our opinion it is open to the state to prosecute a public servant for committing criminal breach of trust under section 409, i. p. c. question no. 2.29. as both the laws are good and in force, it naturally ..... offence under sections 161 and 165, i. p. c., inadequate and enhanced it, on the other hand, they found the punishment for criminal breach of trust committed by a public servant excessive and reduced it. but if the intention of the legislature was not to repeal section 409, i. p. c., all these ..... this question the first point that arises for decision is whether the offence punishable under section 409, i. p. c., when committed by a public servant, is identical with the offence of criminal misconduct, as defined in section 5(1)(c), prevention of corruption act or not. section 409, i. p. c., runs as follows .....Tag this Judgment!
Court : Karnataka
Reported in : 2002CriLJ4785
..... first prerequisite is that there has to be an 'investigation into the complaint' and the second prerequisite is that he should be satisfied, 'after such investigation', that the public servant has committed a criminal offence and should be prosecuted in a court of law. section 9(3) provides the manner in which an investigation has to be done by the lok ayuktha. it ..... of the act. to facilitate its interpretation i quote section 14 :14. initiation of prosecution.- if after investigation into any complaint the lokayuktha or an upalokayuktha is satisfied that the public servant has committed any criminal offence and should be prosecuted in a court of law for such offence, then, he may pass an order to that effect and initiate prosecution of the ..... it is his contention that the essential ingredient for making an order under section 14 is the satisfaction to be derived by the lokayuktha on investigation that the public servant has committed an offence having criminal consequences and once this satisfaction is arrived at by the lokayuktha there is no impediment for him to proceed under section 14 of the act. according to ..... section 14 of the act in a matter referred to him under section 7(2a) to investigate any action of the public servant, if he is satisfied that the offence committed by the public servant will have criminal ramifications and direct his trial before a criminal court. the statute, in my considered opinion, does not empower the lokayuktha to proceed under section 14 even if he .....Tag this Judgment!