K. BABU
P. P. Farooque, S/o. Abdul Khader – Appellant
Versus
Deputy Superintendent Of Police – Respondent
ORDER :
The petitioners, the accused in C.C No.17/2017 on the file of the Court of the Enquiry Commissioner and Special Judge, Thalassery, challenge the dismissal of their application seeking discharge under Section 239 Cr.P.C. The petitioner in Crl.R.P No.65/2022 is accused No.1. The petitioner in Crl.R.P No.691/2021 is accused No.3. They face charges under Sections 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 120-B of the Indian Penal Code.
2. The prosecution case is that the petitioners and the other accused hatched a criminal conspiracy in the matter of granting the permit for the disposal of dredged materials from Azheekkal Port, Kannur, by adopting different criteria for different dredgers in fixing the quantity of the dredged materials and thereby caused pecuniary loss to the tune of Rs.3,20,000/- to the public exchequer.
3. The Vigilance and Anti-Corruption Bureau, Kannur Unit, investigated the allegations and submitted the final report against the petitioners and others before the Trial Court. The Court took cognizance of the offences. The petitioners and the other accused appeared on summons. They filed applications as CMP Nos.1101/2
Ashok Tshering Bhutia v. State of Sikkim
Asian Resurfacing of Road Agency Pvt. Ltd. v. Central Bureau of Investigation (2018) 16 SCC 299)
Onkar Nath Mishra and others v. State (NCT of Delhi) and another (2008) 2 SCC 561
Rajiv Kumar v. State of U.P. (2017) 8 SCC 791
State of M.P. v. Mohanlal Soni (2000) 6 SCC 338
State of Maharashtra v. Som Nath Thapa (1996) 4 SCC 659
State of T.N. v. N. Suresh Rajan (2014) 11 SCC 709)
State by Karnataka Lokayukta, Police Station
Superintendent and Remembrancer of Legal Affairs
State through Deputy Superintendent of Police v. R. Soundirarasu and Ors. (AIR 2022 SC 4218)
State of Kerala and Others v. M/s Meka Dredging Co. Pvt Ltd. and Others (2018 KHC 416
State (Inspector of Police) v. Surya Sankaram Karri (2006) 7 SCC 172
Sanjaysinh Ramrao Chavan v. Dattatray Gulabrao Phalke (2015) 3 SCC 123
Munna Devi v. State of Rajasthan & Anr (2001) 9 SCC 631)
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