C.B.I. BANK SECURITIES & FRAUD CELL v. RAMESH GELLI & ORS.

Case Details & Bench

Court: High Court
Hon'ble Judges: Ranjan Gogoi
Prafulla C. Pant
Judgment Date: 2016-05-02
Court Decision / Holding: CRL.M.P. Nos. 6416-6420 of 2016 are accordingly allowed. Petitions allowed.
Final Disposition: Petitions allowed and corrigenda to para 25 of the February 23, 2016 judgment implemented.

Parties to the Case

Appellants / Petitioners

C.B.I. BANK SECURITIES & FRAUD CELL

Respondents

RAMESH GELLI
OTHERS

Legal Representation & Advocates

Counsels for Petitioners

• Tushar Mehta
• Rana Mukherjee
• Ms. Ranjana Narayan
• T. A. Khan
• M.A. Meroria
• Arvind Kumar Sharma

Counsels for Respondents

• Mohan Parasaran
• G. Umapathy
• Rakesh K. Sharma
• S. Ramasubramanian
• Ranjit B. Raut
• Ms. Bina Gupta
• Abay A. Jena
• Khaitan & Co.

Case Synopsis & Summary

This is a Supreme Court order in CRL.M.P. Nos. 6416-6420 of 2016 arising in Criminal Appeal Nos. 1077-1081 of 2013, decided on 2 May 2016 by a two-judge Bench comprising Justices Ranjan Gogoi and Prafulla C. Pant. The order concerns a correction to para 25 of a judgment dated 23 February 2016. The High Court of Judicature at Mumbai had disposed of proceedings in Criminal Revision Application No. 131 of 2007 with Criminal Writ Petition Nos. 2400-2403 of 2008, involving charges under the Prevention of Corruption Act, 1988 and Banking Regulation Act, 1949. In para 25 of the February 2016 judgment, the court held a misstatement of statutory references, initially stating Section 46 of the Banking Regulation Act, 1949; the corrigendum directs substitution with Section 46A of the Banking Regulation Act, 1949. Similarly, in the last sentence of para 25, the reference to Section 7 to 13 of the Prevention of Corruption Act, 1988 is to be replaced with Section 7 to 12. The order, while addressing the correction, states that CRL.M.P. Nos. 6416-6420 of 2016 are allowed and the petitions are allowed. The document reflects the court’s intent to correct the record without relitigating the underlying issues, and confirms the interplay of the PC Act and BR Act provisions in the factual context presented by the Mumbai High Court proceedings.

Provisions of Law Cited

Section 13(2) read with Section 13(1)(d) of the Prevention of Corruption Act, 1988Section 46A of the Banking Regulation Act, 1949Section 46 of the Banking Regulation Act, 1949Section 7 to 13 of the Prevention of Corruption Act, 1988Section 7 to 12 of the Prevention of Corruption Act, 1988

Cited Precedents (1)

Case Name	Citation	Treatment	Explanation
Unknown case (cited as [2016] 1 SCR 762)	[2016] 1 SCR 762	Mentioned Only	Document references an earlier judgment reported in [2016] 1 SCR 762 but does not apply, distinguish, or overrule its principles in the present order.

Extracted Judgment Text

Exact text extracted from official judgment records.

## [2016] 11 S.C.R. 870 A ## C.B.I. BANK SECURITIES & FRAUD CELL v. ## RAMESH GELLI & ORS. ## (Crl. MP Nos. 6416-6420 of 2016) B In (CriminalAppealNo.1077-1081 of2013) ## MAY02,2016 ## **[RANJAN GOGOi AND PRAFULLA C. PANT, JJ.]** ## c _Prevention of Corruption Act, 1988_ - _s.13(2) rlw. s.13(l){d)_ - _Banking Regulation Act, 1949_ - _s.46A_ - _Separate Judgments of Hon 'ble Mr. Justice Ranjan Gogoi, and Hon 'hie Mr. Justice Prafulla_ C. _Pant reported in [2016] 1 SCR 762_ - _Para 25 of the Judgment of Hon 'ble Mr. Justice Prafulla_ C. _Pant_ - D _Modification made in the said para._ CRIMINAL APPELLATE JURISDICTION: Cr! MP Nos. 64166420 of2016 in Criminal Appeal Nos. I 077-1081 of2013. E From the Judgment and Order dated 13.07.2009 of the High Court of Judicature at Mumbai in Criminal Revision Application No. 131 of 2007 with Criminal Writ Petition No. 2400 of2008 to 2403 of2008. Tushar Mehta, ASG, Rana Mukherjee, Sr. Adv., Ms. Ranjana Narayan, T. A. Khan, M.A. Meroria, Arvind Kumar Sharma, Advs. for F the Appellant. Mohan Parasaran, Sr. Adv., G. Umapathy, Rakesh K. Sharma, S. Ramasubramanian, Ranjit B. Raut, Ms. Bina Gupta, Abay A. Jena, _Mis_ Khaitan & Co., Ad vs. for the Respondents. G The Order of the Court was delivered ## **ORDER** Jn paragraph 25 of the Judgment dated 23.02.2016 (by Mr. Prafulla H 870 C.B.I. BANK SECURITIES & FRAUD CELL v. RAMESH GELLI 871 & ORS. C. Pant, J.) instead of words "Section 46 of Banking Regulation Act, A 1949" the words "Section 46A of the Banking Regulation Act, 1949" shall be substituted and in th~ last sentence of the paragraph instead of "Section 7 to 13 of the P.C. Act, 1988", the words "Section 7 to 12 of the P.C. Act, 1988", shall be substituted. CRL.M.P. Nos. 6416-6420 of2016 are accordingly allowed. B Nidhi Jain Petitions allowed.