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2024 Supreme(Ker) 623

K. BABU
State Of Kerala Represented By The Additional Public Prosecutor – Appellant
Versus
Deputy Director Directorate Of Enforcement – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri TA Shaji, ADGP
For the Respondent: Sri. ARL Sundaresan, ASGI, Sri Jaishankar V Nair, SC, Sri P. Narayanan, ADGP, Sri Sajju S, Government Pleader, Sri S Sudheer, Government Pleader

ORDER :

The challenge in this Cri.M.C. is to the order dated 12.01.2024 in Crl.M.P.No.1187 of 2023 in SC (PMLA) 04/2023 on the file of the Special Court for the trial of offence punishable under Section 4 of the Prevention of Money-Laundering Act, 2002, Ernakulam (the Additional Special Sessions Court (SPE/CBI)-III, Ernakulam). The State of Kerala challenges the order refusing the application filed under Section 91 Cr.P.C. by the Chief Investigating Officer of the Special Investigation Team constituted to investigate the financial/loan scam of Karuvannur Service Co-operative Bank Limited.

Facts:-

2. The Secretary-in-charge of the Karuvannur Service Co-operative Bank Ltd filed a complaint before the Irinjalakuda Police against six persons on 14.07.2021 alleging offences punishable under Sections 406, 420, 409, 465 r/w 34 of IPC. The Police registered an FIR alleging the aforesaid offences. As per order No.D3-108924/201/PHQ dated 21.07.2021, the investigation of the case was transferred to the Crime Branch, which registered Crime No. Cr.165/CB/TSR/R/21. During the investigation, offences under Sections 13(1)(c) and 13(1) (d) r/w 13(2) of the Prevention of Corruption Act, 1988, (PC Act f

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