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1977 Supreme(Ker) 23

GOPALAN NAMBIYAR, P.JANAKI AMMA, G.BALAGANGADHARAN NAIR
KOCHUDEVASSY – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. These petitions were heard together by a Full Bench as they raised the question of the correctness of a Division Bench ruling of this Court in Sahadevan v. State of Kerala (1976 KLT.134). The questions raised are: whether the Special Judge, Trichur, appointed under the Criminal Law Amendment Act 1952 had jurisdiction to try the cases in question in respect of the offences charged; and whether the reasoning and the conclusion of the Division Bench ruling in 1976 KLT.134, which had considered a similar question, can be said to be correct.

2. Crl. M. P. No. 862 of 1976 is by the 10th accused in C. C. No. 76 of 1976 on the file of the Special Judge, Trichur. The offences charged are under S.120-B, 408, 465, 467, 477 and 477-A of the Indian Penal Code and S.5 (1) (c) and 5 (2) of the Prevention of Corruption Act. The 10th accused is a member of the Executive Committee of the Co-operative Society No. R.192, Chalakudy.

3. In Crl. M. P. No. 1096 of 1976 the two petitioners are charged in C. C. No. 32 of 1975, with offences under S.408 and 477-A of the I. P. C and S.5 (1) (c) and 5 (2) of the Prevention of Corruption Act, for misappropriation of funds of the Arimbur Service Co-



































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