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P. G. AJITHKUMAR
Sandeep Achuthan, S/O Achuthan – Appellant
Versus
Central Bureau Of Investigation/SPE – Respondent
ORDER :
Accused Nos.13 and 14 in C.C. No.20 of 2014 pending before the Additional Special Sessions Court, (SPE/CBI)-III, Ernakulam filed respectively Crl.Rev.Petition Nos.107 of 2023 and 102 of 2023. They together filed Crl.M.P.No.85 of 2018 under Section 239 of the Code of Criminal Procedure, 1973. The Special Court dismissed that petition as per the order dated 21.11.2022 which is under challenge in these revision petitions filed under Section 397 read with Section 401 of the Code.
2. The final report was laid with the following allegations:
The first accused was the manager of the Cochin branch of the State Bank of India (P & B Division). Accused No. 2 to 4 were respectively the Managing Partner and Partners of M/s New Appliances, Cochin. Accused No. 5 was the Managing Director of M/s X-Com Technologies (P) Ltd, Cochin. Accused No. 6 was the proprietor of M/s Aadil Traders, Binanipuram. Accused No. 7 was the Director of M/s Vaidian Healthcare (P) Ltd, Cochin. Accused No. 8 was the Proprietor of M/s Sithara Communications, Cochin. Accused No. 9 was the Proprietor of M/s Tan-C Engineers and Contractors, Cochin. Accused No. 10 was the Director of Penta Tech Industrial Marketing Ltd, C
The Special Court loses jurisdiction to try a case if the sole public servant-accused dies before the trial commences, as established in the Prevention of Corruption Act.
The Special Judge's jurisdiction to try non-PC offences is contingent on PC Act charges being framed; if no charges are present, a Magistrate must preside over those IPC offences.
Where jurisdiction of a court or a tribunal is dependent on existence of a particular state of affairs, that state of affairs may be described as preliminary to, or collateral to merits of issue. The....
The NIA Court has the power to try both IPC and UAPA offences arising from the same transaction, as per the provisions of the NIA Act, UAPA, and CrPC, and established precedents.
The CBI has jurisdiction to investigate non-PC Act offences connected to PC Act offences, and the Chief Judicial Magistrate must commit cases for trial to the Sessions Court when a pardon is accepted....
At the stage of framing charges, the court is required to evaluate whether there is a ground for presuming that the offence has been committed, without delving into the probative value of the materia....
Discharge of accused – Challenged - no active role is incriminated against her, she cannot be made liable for the acts done by Accused No.1. She was only subscribing her signature on the documents on....
Special Judge for cases arising under different provisions of Prevention of Corruption Act cannot try the subject offence. Therefore, the competent criminal Court of the appropriate jurisdiction will....
The court established that jurisdiction to try offenses under the Prevention of Corruption Act hinges on the public servant's service location during the relevant check period, not prior service.
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