P. SATHASIVAM, RANJAN GOGOI, N. V. RAMANA
GOPAKUMAR B. NAIR – Appellant
Versus
C. B. I. – Respondent
JUDGMENT :
Ranjan Gogoi, J. –
1. Leave granted.
2. The appellant is the second accused (hereinafter referred to as ‘A – 2’) in CC No. 48 of 2011 (RC 27(A)/2004) in the Court of the Special Judge (SPE/CBI), Thiruvananthapuram. He is aggrieved by the refusal dated 25.06.2013 of the High Court of Kerala to quash the aforesaid criminal proceeding lodged by the respondent – Central Bureau of Investigation (hereinafter for short ‘CBI’).
3. The allegations made against the accused – appellant in the FIR dated 30.11.2004 are to the effect that the accused – appellant alongwith one T.K. Rajeev Kumar (A – 1), Branch Manager, Indian Overseas Bank, Killippalam Branch, Trivandrum and C. Sivaramakrishna Pillai (A – 3) (since deceased) had entered into a criminal conspiracy to obtain undue pecuniary advantage for themselves. Specifically, it was alleged that in furtherance of the aforesaid criminal conspiracy the accused – appellant dishonestly applied for a car loan of Rs. 5 lakhs and opened a bank account bearing No. 1277 on 24.08.2002 without proper introduction. Thereafter, according to the prosecution, the accused – appellant furnished a forged agreement for purchase of a second hand Lancer Car
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