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2023 Supreme(Ker) 106

KAUSER EDAPPAGATH
C. V. Balan S/o C. V. Kanaran – Appellant
Versus
State Of Kerala Represented By Public Prosecutor, High Court Of Kerala, Ernakulam – Respondent


Advocates:
Advocate Appeared:
For the Appellant : S.K.Saju
For the Respondent: Muraleedharan R, K.P.Jose Pious(J-317)
Other Present : Sri.A.Rajesh.Spl.PP VACB, Smt. S.Rekha Sr.PP

JUDGMENT :

Ext.P6 common order passed by the Enquiry Commissioner and Special Judge, Kozhikode (for short, “the court below”) forwarding the private complaints to the VACB, Kozhikode, for investigation u/s 156(3) of Cr.P.C. is under challenge in this Original Petition.

2. Four private complaints with identical allegations were filed by respondents Nos.3 to 6 against the petitioners and several others before the court below, alleging that they have committed the offences punishable under sections 468, 471 and 120B of IPC r/w sections 7, 8, 10 and 13(1) of the Prevention of Corruption Act, (for short, 'the PC Act').

3. The petitioners are the owners of Ashirvad Lawns and M/s Aiswarya Arcade situated at Karaparamba, Kozhikode. They were arrayed as the accused Nos.8 to 11 in all the four complaints. The accused Nos.1 to 4 and 7, the officers of the Kozhikode Corporation, are public servants. The accused No.5 was an officer of the Kozhikode Corporation and has now retired from service. The accused No.6, the Regional Fire Officer, Kozhikode, is also a public servant. The allegation set out in all the complaints is that the petitioners, along with the remaining accused, hatched a criminal co

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