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2019 Supreme(Ker) 583

P.UBAID
Sivadasan Pillai S/o Parameswaran Pillai – Appellant
Versus
State of Kerala Rep. by Secretary to Government, Home Department – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sri. K.C. Santhosh Kumar.
For the Respondent: Sri. K.V. Sohan.

ORDER :

1. The petitioners in these proceedings are the different accused in two prosecutions, one pending before the Special Court (Vigilance), Kozhikode and the other pending before the Judicial First Class Magistrate Court-III, Punalur. Common questions of law are involved in all these petitions and so, all these petitions were heard together, and are being disposed of by this common judgment. The petitioner in Crl. M.C. No. 9110/2016 is the 4th accused in C.C. No. 16/2008 of the Special Court (Vigilance), Kozhikode and the petitioner in Crl. M.C. No. 8548/2016 is the 8th accused therein. The petitioner in W.P. (C) No. 3612/2017 is the 2nd accused in C.C. No. 880/2015 of the Judicial First Class Magistrate Court-III, Punalur and the petitioner in Crl. M.C. No. 5155/2013 is the 3rd accused therein. All the petitioners, including the writ petitioner seek orders quashing the prosecution as against them on factual as well as legal grounds. The common legal grounds involved in the four matters are:-

(a) Whether the cognizance is barred under sub-section (4) of Section 95 of the Co-operative Societies Act.

(b) Whether there is total immunity from prosecution under Section 106 of the Co-o

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