Crpc 197 applicable to employee of a nationalized bank


Hello Experts,

Please advice if crpc 197 will be applicable for an employee/officer in a nationalized bank.

Will he be treated as a public servant while discharging his duties as bank officer?

 
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practising Advocate

The protection by way of sanction to prosecute as provided by section 197, CrPC , is not available to officers of government Companies or Public Undertakings , even when such Public Undertakings are State within the meaning of Article 12 of the Constitution on account of deep and pervasive control of overnment.refer Mohd.Hadi Raja verses State of Bihar 1998 CrLJ 2826 (SC) ,A decision by Apex Court .

 
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ADVOCATE

My answer is no.

Refer the judgement of Apex Court in "M. Gopalakrishnan vs State By Addl. S.P. Cbi, B.S. & others; decided on 11 February, 2009"

 
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