1987 (2) TMI 532

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.... filed by the appellant after obtaining leave from this Court against an order passed by the High Court of Andhra Pradesh dated 28.11.1983 wherein the High Court rejected a Revision Petition filed by the appellant. 2. Against the appellant a complaint was filed in the Court of Metropolitan Magistrate, Hyderabad under Section 120(b) read with Sections 467 and 471 of the Indian Penal Code. After su....

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....was affirmed by the High Court of Andhra Pradesh. 4. It was contended by the learned Counsel that after nationalisation as the banks are nationalised the appellant will fall within the definition of public servant and therefore Section 197 will be attracted. It was also contended that although the appellant is removable by an authority which is not Government but the authority has been empowered ....

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....(b) in the case of a person who is employed or, as the case may be, was at the time of commission of the alleged offence employed, in connection with the affairs of a State, or the State Government. (2) No Court shall take cognizance of any offence alleged to have been committed by any member of the Armed Forces of the Union while acting or purporting to act in the discharge of his official duty....

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....fore which the trial is to be held. 6. It is very clear from this provision that this Section is attracted only in cases where the public servant is such who is not removable from his office save by or with the sanction of the Government. It is not disputed that the appellant is not holding a post where he could not be removed from service except by or with the sanction of the Government. In this....