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2019 Supreme(Ker) 925

SUNIL THOMAS
Additional Superintendent of Police CBI, ACB, CBI – Appellant
Versus
State of Kerala Represented By The Public Prosecutor – Respondent


ORDER :

1. The petitioner is the investigation officer in RC15/(A)/2017CBI/ACS/Cochin, for offences punishable under section 120B read with section 420 Indian Penal Code and Section 13 (1) (d) of the Prevention of Corruption Act. After completion of investigation, final report was laid before the Special Judge, CBI, Thiruvananthapuram and is now pending trial as CC.No.5/2019 before the Special Judge, CBI, Thiruvananthapuram against the accused. On the basis of a complaint submitted by the Company Secretary of the Company involved in the above case, the second respondent, who is the Sub Inspector of Police, Poojappura Police Station registered Crime No.249/2008 for offences punishable under sections 420 and 406 of the Indian Penal Code against the third accused in RC15/(A)/2017CBI/ ACB/Cochin. After investigation, final report was laid and the matter is pending trial as CC.No.2242/2015 on the file of the ACJM, Thiruvananthapuram.

2. According to the petitioner, the facts stated in CC.No.2242/2015 pending before the ACJM, Thiruvananthapuram and CC.No.5/2019 pending before the Special Judge, CBI, Thiruvananthapuram are identical and are similar. Both cases arise from same set of facts a

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