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2021 Supreme(Ker) 562

R.NARAYANA PISHARADI
V. RAJEENDRANATH NATH – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.BABU THOMAS, SMT.MARYKUTTY BABU
For the Respondent: SRI.A.RAJESH, SMT.K.B.SONY, PUBLIC PROSECUTOR

ORDER :

The petitioner is the third accused in the case registered as V.C.No.01/2015/Wayanad by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau (VACB), Wayanad Unit under Section 13(1)(d)(ii) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act').

2. The first accused in the case was the Secretary of the Public Works Department and the second accused was the General Manager of the Kerala State Construction Corporation Limited (KSCCL). The case relates to the corrupt practices alleged to have been conducted by the accused in relation to installation of crash guard barriers on CVG Road in Wayanad District. The petitioner was the person to whom the work was entrusted by the KSCCL on a sub contract.

3. After conducting the investigation, the investigating officer filed Annexure-A17 final report in the Court of the Enquiry Commissioner and Special Judge, Thalassery praying that the case may be closed as mistake of fact.

4. The Special Court, as per Annexure-A18 order dated 30.06.2020, did not accept the final report but returned it to the investigating officer for taking necessary further action in accordance with law.

5. In paragraph 15 of

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