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2021 Supreme(Ker) 790

R.NARAYANA PISHARADI
T O SOORAJ S/O. OSMAN KHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Appellant : S.SREEKUMAR (SR.), M.A.MOHAMMED SIRAJ
For the Respondent: SRI.T.A.SHAJI, DIRECTOR GENERAL OF PROSECUTIONS, SHRI.P.NARAYANAN, ADDL.PUBLIC PROSECUTOR, SHRI.A.RAJESH

JUDGMENT :

R.NARAYANA PISHARADI, J

1. The petitioner is the fourth accused in the case registered as V.C.01/2019 by the Vigilance and Anti-Corruption Bureau (VACB), Ernakulam Unit under Section 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and also under Section 120B of the Indian Penal Code.

2. The facts leading to the registration of the above criminal case are as follows: The Palarivattom Flyover was constructed on the National Highway-66 at Palarivattom Junction in Ernakulam District for reducing the acute traffic congestion there. The flyover was opened for traffic on 12.10.2016. Within a few weeks, potholes and hairline cracks appeared on the flyover.

The Minister of Public Works Department, Government of Kerala sent a communication as letter No.141/M(PWD&R)/2019 dated 03.05.2019 to the Chief Minister of Kerala in which it was alleged that irregularities had been committed in the construction of the flyover. The Chief Minister passed an order on this letter to conduct vigilance enquiry in the matter. As per letter No.156/E(2)/2019/Vig dated 06.05.2019, the Government of Kerala ordered the Director, VACB to conduct a vigilance enquiry

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