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Documents citing Manish Trivedi vs State Of Rajasthan on 29 October, 2013

Abu Talib Husain And Another vs State Of U.P. And Another on 22 August, 2023

9. Therefore, for applicability of Section-197 Cr.P.C. even for the person who are deemed to be servant under any statute other than IPC, he must be removable by or with the sanction of Central or the State Government. Hon'ble Apex Court in the case of Manish Trivedi Vs. State of Rajasthan reported in (2014) 14 SCC 420 observed that if any act creates a legal fiction to a particular category of employee by adopting the condition of Section-197 Cr.P.C. then those employees are entitled to get the protection of Section-197 Cr.P.C. In the above mentioned judgement, Section-87 of Rajasthan Municipalities Act, 1959 created legal fiction that members of municipal board will be deemed to be public servant as per Section-21 IPC but the word 'Government' mentioned in Section-197 Cr.P.C. was deemed to be substituted by municipal board and for that reason member of municipal board Rajasthan was declared as public servant for the purpose of Section-197 Cr.P.C. Paragraph no.14 of the Manish Trivedi Vs. State of Rajasthan (supra) is being reproduced as under:
Allahabad High Court Cites 15 - Cited by 0 - Full Document

R.E. Kil Roy Rocky vs State Of U.P. And 2 Ors. on 20 February, 2020

In Manish Trivedi v. State of Rajasthann, (2014) 14 SCC 420 : , which pertains to a case registered against a councillor under the Prevention of Corruption Act, 1988, this Court, while interpreting the words "public servant", made the following observations: (SCC pp. 426-29, paras 14, 16 & 19) "14. Section 87 of the Rajasthan Municipalities Act, 1959 makes every Member to be public servant within the meaning of Section 21 of the Penal Code, 1860 and the same reads as follows:
Allahabad High Court Cites 47 - Cited by 0 - Full Document
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