Andhra Pradesh High Court

CRLP/10389/2022 of GADDAM PRADEEP KUMAR Vs CENTRAL BUREAU OF INVESTIGATION on 30 December 2022

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R. RAGHUNANDAN RAO CRIMINAL PETITION No.10389 of 2022 ORDER: The petitioner is accused No.13 in C.C.No.03 of 2022 on the file of the Special Judge for CBI cases at Kurnool District, for offences under Sections 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 and Sections 120-B r/w.

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION No.10389 of 2022

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ORDER:

The petitioner is accused No.13 in C.C.No.03 of 2022 on the file of the Special Judge for CBI cases at Kurnool District, for offences under Sections 13(2) r/w.13(1)(d) of Prevention of Corruption Act, 1988 and Sections 120-B r/w. 420, 468 r/w 471 of Indian Penal Code.

2. The contention of the petitioner is that the provisions of the Prevention of Corruption Act, 1988 would not apply to them as they are not public servants. The accused No.11 in the very same case had moved Criminal Petition No.4904 of 2022 before this Court with the same contention. A learned Single Judge of this Court by an order dated 16.08.2022 accepting the said contention had quashed the case against the accused No.11 to the extent of the offences under the Prevention of Corruption Act, and directed that the remaining offences are to be examined by the Trial Court while conducting the trial.

3. Following the said judgment, the present petitioner would also has to be held not to fall within the definition of public servant and consequently, the offences registered against the petitioner under the provisions of Prevention of Corruption Act are quashed. The Trial in relation to the provisions of the Indian Penal Code shall be continued.

4. Accordingly, this Criminal Petition is partly allowed.There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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R. RAGHUNANDAN RAO, J

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

CRIMINAL PETITION No.10389 of 2022

30-12-2022

RKS/KPV

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