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2012 Supreme(Ker) 833

S.S.SATHEESACHANDRAN
V. S. Achuthanandan – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Petitioner:K. Gopalakrishna Kurup, Senior Advocate, T.B. Hood, V. Manu, Smt. M. Isha, Advocates.
For the Respondent: R1 to R3, T. Asaf Ali, Director General of Prosecution.

JUDGMENT

Petitioner, a former Chief Minister of the State, is presently the leader of Opposition in the Kerala Legislative Assembly. He has filed the above writ petition to quash Ext.P1 FIR registered by the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Kasaragod, wherein he is proceeded as the 1st accused with some others, for offences punishable under Section 13(1)(d) and 13(2) of the Prevention of Corruption Act, 1988, for short, the 'Act' and Sections 120B, 201 and 420 of the Indian Penal Code, for short, the 'IPC'.

2. In ordering assignment of a piece of land in Kasaragod District in favour of 5th accused, a relative of the petitioner, and also further steps taken for relaxing the bar of alienability over such land, petitioner, then, Chief Minister, abused his official position and he had entered into a conspiracy with 5th accused, and some other public servants, including the Revenue Minister of his cabinet, to favour 5th accused violating the rules, and, later, after such assignment, in relaxing the conditions imposed for transfer of assigned land, to enable 5th accused to reap unlawful benefits, is the case imputed.

3. A new Government assuming powe









































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