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2013 Supreme(Ker) 542

V.K.MOHANAN
A. V. Thomas – Appellant
Versus
State of Kerala, represented by The Public Prosecutor High Court of Kerala – Respondent


Advocate Appeared:
For the Petitioner:G. Shrikumar, N. Raghuraj, Mrs. T.K. Amminikutty, Advocates.
For the Respondents:R1 & R2, Mrs. S. Hyma, Public Prosecutor, R3, C. Unnikrishnan, Advocate, (Kollam).

Judgment :

1. The tenth accused in AnnexureA1 FIR No. VC 4/2013 of VACB Unit, Ernakulam, who is a lawyer practising in this Court, is the petitioner herein. In this petition filed under Section 482 of the Criminal Procedure Code (for short 'the Cr.P.C.'), he challenges Annexure A1 FIR in VC 4/2013 of Vigilance and Anti Corruption Bureau, Ernakulam Unit filed` before the court of Enquiry Commissioner and Special Judge, Thrissur and all further proceedings thereto.

2. The allegation in the FIR is that accused Nos.1 to 10, who are public servants and office bearers of the Kerala Cricket Association (hereinafter referred to for short as 'the KCA' only), which is a society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955, have conspired with accused Nos.11 to 16, with the motive of illegal monetary gains, in the matter of purchase of 23.95 Acres of land at Edakochi in Ernakulam District for construction of stadium and executed sale agreements by suppressing the actual price and showing higher price and caused loss to the Association and thereby, misused their public offices and accordingly, the accused committed the offences puni






















































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