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2021 Supreme(Ker) 628

R.NARAYANA PISHARADI
State Rep. by CBI/SPE, Cochin by Inspector Of Police – Appellant
Versus
Syed Shaikoya, S/o. Late M. K. Attakoya – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri.P.Vijayakumar, Asg of India, Adv
For the Respondent: Sri.Glen Antony, Sri.P.Sanjay, Smt.M.Vanaja, Advs.

ORDER :

These revision petitions are filed by the Central Bureau of Investigation (CBI) challenging the order dated 08.11.2011 passed by the Court of the Special Judge for CBI Cases, Lakshadweep by which it allowed the applications for discharge filed under Section 239 of the Code of Criminal Procedure, 1973 (for short 'the Code') by accused 4 and 8 in the case C.C.No.1/2008 on the file of that Court.

2. The respondent in Crl.R.P.No.509/2012 is Accused No.8 and the respondent in Crl.R.P.No.532/2012 is Accused No.4 in the above case.

3. There are altogether nine accused in the case. The offences alleged against them are punishable under Sections 7, 12 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and also under Sections 468, 471, 420 and 120B of the Indian Penal Code.

4. The prosecution case, in short, is as follows :

    The Directorate of Education of the Union Territory of Lakshadweep had directed to supply, free of cost, ready-made uniforms to the school children for the academic year 2005-06. A Uniform Tender Evaluation, Sample Selection and Procurement Committee, consisting of five persons, was formed for the evaluation and finalisation of

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