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2022 Supreme(Ker) 760

K.BABU
P. J. Sebastian – Appellant
Versus
State of Kerala, Represented By Public Prosecutor – Respondent


Advocates Appeared:
For the Petitioner: Sooraj T. Elenjickal, Renoy Vincent, Aswin Kumar M.J., Helen P.A., Arun Roy, Shahir Showkath Ali.
For the Respondent: Public Prosecutor, Smt. Rekha S., SR PP.

ORDER :

The prayer in this Crl.M.C. filed under Section 482 of the Code of Criminal Procedure is the following;

    “This Hon’ble Court may be pleased to quash Annexure-III Final Report in Crime No.VC 13/2009 of Vigilance, Idukki, presently pending as C.C. No. 344/2015 on the files of the Judicial First Class Magistrate Court Devikulam and all its consequent proceedings as abuse of process of law and to secure the ends of justice.”

2. The petitioner stands chargesheeted as accused No. 2 in CC No. 344/2015 on the file of the Judicial First Class Magistrate Court, Devikulam alleging offences punishable under Sections 409, 420, 465, 468, 471 and 477(A) read with Sections 34 and 120(B) of the Indian Penal Code, 1860.

3. Accused No.1 in this case died and therefore, the charges against him stood abated.

4. The petitioner was the President of the Service Co-operative Bank, Mankulam during the period from 1993 to 2002. Accused No. 1 was the Secretary-cum-Accountant of the Service Co-operative Bank. During the tenure of the petitioner, a petition was moved by the Joint Registrar of Co-operative Societies (General) Idukki to the Superintendent of Police, Idukki seeking investigation in the anomalies

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