Supreme Court of India
The State of Madhya Pradesh v. Veereshwar Rao Agnihotry
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
7 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the above pronouncement, the view taken by the learned JPdge of the High Court that the two offences are one and the same is wrong, and if that is so, there can be no objection to a trial and conviction under s. 409 of the Indian Penal Code, even if the respondent has been acquitted of an offence under s. 5(2) of the Prevention of Corruption Act II of 1947.
Judgment, page 5
From the headnote
Autrefois acquit-Trial for offences under s. 409 of the Indian Penal Code and s. 5(2) of the Prevention of Corruption Act Acquittal of charge under s. 5(2)-Whether conviction under s. 409 barred-Code of Criminal Procedure s. 403-Constitution of India Art. 20(2 )-General Clauses Act s. 26. 'fhe accused was tried by a Special Judge for offences under s. 409 of the Indian Penal Code and s. 5(2) of the Prevention of Corruption Act. He was convicted under s. 409 but the Judge held that the accused could not be tried under s. 5(2) as there had been no investigation by a police officer not below
Where later benches applied it
- 2019 G H Kanwar Pal Singh v. The State of Uttar Pradesh and Another
- 2014 State of Nct of Delhi v. Sanjay
- 2012 Sangeetaben Mahendrabhai Patel v. State of Gujarat and Anr.
- 2003 State of Rajasthan v. Hat Singh and Ors.
- 1988 State of Bihar v. Murad Ali Khan, Farukh Salauddin & Vikram Singh
- 1960 The State of Bombay v. S. L. Apte & Another
- 1960 Dr. Akshaibar Lal and Others v. The Vice-chancellor, Banaras Hindu University, and Others.
Of those, 7 mentioned
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