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2001 Supreme(Ker) 293

M.R.HARIHARAN NAIR
Udayakumar – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

The revision petitioners in these 26 cases are all accused in the connected cases pending trial before the Enquiry Commissioner and Special Judge, Kozhikode. Of these, 12 revisions are by a contractor and 14 are filed by Engineers. An FIR was filed against them on 30-9-1985 reporting that the latter, while working as Engineers of various rank for works in the Attappady Valley Irrigation Project, Agali, during the period from 24-7-1978 to 9-11-1981, they committed criminal misconduct by abusing their official positions in the matter implementing a criminal conspiracy with the contractors aforementioned by placing four supply orders dated 17-11-80, 18-12-80, 19-2-81 and 3-2-81 for 95 numbers of 200 m.m. Sluice valves in favour of M/s. Indira Engineering Corporation, Coimbatore, of which one of the accused is the Managing Partner causing loss of crores of rupees to the Government exchequer. After investigation, 13 charge sheets were filed on 10-3-1989 alleging the offences under S. 5(2) read with S. 5(1)(d) of the Prevention of Corruption Act, 1947 as also Ss. 109 and 120-B of the Indian Penal Code. On 17-7-89, the Court framed charges against the accused in the different














































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