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PETITIONER: MAHESH PRASAD
Vs.
RESPONDENT: THE STATE OF UTTAR PRADESH.
DATE OF JUDGMENT: 29/10/1954
BENCH: JAGANNADHADAS, B. BENCH: JAGANNADHADAS, B. MUKHERJEA, B.K. BOSE, VIVIAN
CITATION: 1955 AIR 70 1955 SCR (1) 965 CITATOR INFO : R 1968 SC1323 (8) F 1968 SC1419 (4) R 1976 SC1497 (21) R 1982 SC1407 (23)
ACT: Indian Penal Code (Act XLV of 1860), s. 161-Accused’s power or intention to do the official act-Relevancy-Charge- Prevention of Corruption Act (II of 1947), s. 6(c) (as it existed prior to August 12,1952) --Indian Railway Establishment Code Vol. I (1951 Ed.), rule 1705(c)--Test of sanction.
HEADNOTE: When a public servant is charged under section 161 of the Indian Penal Code, and it is alleged that the illegal gratification was taken by him for doing or procuring an official act, it is not necessary for the Court to consider whether or not the accused as public servant was capable of doing or intended to do such an act. In a case where the illegal gratification is alleged to have been received by the accused as a public servant for influencing some superior officer to do an act, the charge framed against such accused under section 161 of the Code need not specify the particular superior officer sought to be so influenced. It view of article 311(1) of the Constitution of India and rule...