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2022 Supreme(Ker) 754

K. BABU
RENJITH PANNACKAL S/O P. K. ITTIKUNJU – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: V.A. JOHNSON.
For the Respondents: SUVIN R. MENON, REKHA S., RAJESH A., MANU S.

ORDER :

1. Would the proceedings as provided in Section 240 of the Code of Criminal Procedure culminate in an order framing charge before the plea of the accused is taken? This is the short question raised before me in these Criminal Revision Petitions.

2. The Revision Petitioner is alleged to have committed various offences punishable under the Prevention of Corruption Act, 1988 and the Indian Penal Code.

3. The Revision Petitioner challenged the final report by filing Crl. M.C. Nos. 167/2022, 155/2022 and 158/2022 before this Court. As per common order dated 15.02.2022 this Court directed the Court below as follows:

    “Accordingly, the criminal miscellaneous cases are closed, without adverting to any contentions on merit, leaving the right open to the petitioner to seek discharge before the court below, if the charges are not framed. If such application is filed before the next posting date as above, the court below may consider it and pass orders thereon in accordance with law.”

4. Thereafter, the Revision Petitioner filed Crl. M.P. Nos. 27/2022, 28/2022 and 26/2022 seeking discharge before the Court below. The Court on 21.02.2022 passed the following order in the applications:

    “Charge

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