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2021 Supreme(Ker) 1082

R.NARAYANA PISHARADI
Ajas M. M. – Appellant
Versus
State of Kerala – Respondent


Advocates Appeared:
For the Appellant : S. Sreekumar, Sr. Adv., P. Martin Jose, P. Prijith, S.K. Saju and Thomas P. Kuruvilla
For the Respondents: P.B. Krishnan, Sabu George and A. Rajesh, Spl. PP VACB

ORDER :

R. Narayana Pisharadi, J.

1. The petitioner is the sixth accused in the case registered as V.C. No. 4/2018 by the Vigilance and Anti-Corruption Bureau (VACB), Kozhikode.

2. The third respondent filed Ext. P7 complaint in the Court of the Enquiry Commissioner and Special Judge, Kozhikode against six persons, including the petitioner. The offences allegedly committed by the accused are not mentioned in Ext. P7 complaint with specific reference to the penal provisions.

3. Accused 1 to 4 were persons who were working as Geologist in the Mining and Geology Office, Kozhikode. The fifth accused was the Director of Mining and Geology. The petitioner, the sixth accused in the case, is a private person. He is the Managing Partner of the firm M/s. Poonoorpoyil Granites.

4. It is not necessary here to narrate in detail the allegations contained in Ext. P7 complaint. Suffice it to state that the crux of the allegations in the complaint is that accused 1 to 5 had entered into a criminal conspiracy with the sixth accused and pursuant to such conspiracy, they had allowed the sixth accused to extract granite stones excess in quantity from excess area of land in violation of the terms of the leas

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