Rameshwar Patel & Ors. v. State of Madhya Pradesh
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against them prima facie reveal sufficient material to take/initiate penal action U/s. 406,409,419,420 read with Section 120-B IPC against them. We find force in the submissions of the counsel for the respondents. The decision of the Supreme Court in State of M.P. v. Rameshwar Patel reported in AIR 2009 SC (Supp) 1820 between the same parties is clinching and squarely covers the controversy as raised in this petition. That was the case where Supreme Court upheld the initiation of criminal proceedings against Rameshwar Patel and other for their acts of commission and omissions resulting in criminal misconduct and breach of public trust by advancing loans to concerned borrowers for purchase of different kinds of vehicles. It was held that applicants hold the status of ‘public servant’ for the purposes of their prosecution under the provisions of the Prevention of Corruption Act,
1988. In this view of the matter, it is unnecessary for us to dilate upon various decisions cited on behalf of applicants and suffice it to say that in 4 5 view of the decision in State of M.P. v. Rameshwar Patel and others, there is no merit and substance in the petition and it deserves to be dismissed.
8. In the result, petition fails and is hereby dismissed. Let a copy of this order be retained in the record of connected M.Cr.C. No. 122 of 2005- Ratanlal Chouhan and others v. State of M.P. and others. We make it clear that the view expressed by us in this judgment are prima facie in nature for the disposal of these petitions only and should not influence the trial in any way. (S.K.SETH) JUDGE Hk (M.C.GARG) JUDGE 5