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2025 Supreme(Ker) 1745

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Mohan Abraham S/o M.M. Abraham – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellants : S. Rajeev, V. Vinay, M.S. Aneer, Sarath K.P.
For the Respondents: Rajesh A., Rekha S.

Table of Content
1. allegations of disproportionate assets based on investigation findings. (Para 3 , 4)
2. (Para 6)
3. court's criteria for assessing evidence at discharge stage. (Para 7 , 8 , 9 , 12)
4. suspicion threshold for trial validity emphasized. (Para 14 , 15)

ORDER :

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor.

4. The learned counsel for the petitioner argued that in this matter, initially, there was an investigation and the same ended in finding “further action dropped” (FAD) report, since it was found during investigation that the assets in excess of the permissible limit was only 7.53%. But, at the instance of the prosecution, the Special Court ordered further investigation and based on which, the disproportionate asset, alleged to be held by the petitioner was calculated at 42.32%. The accused appeared before the Special Court on getting summons, based on the report showing wealth calculated at 42.32% and filed discharge petition. While so, the prosecution filed another petition for further investigation and the same culminated in the report, dated 30.03.2017 and thereby, the disproportionate asset in respect of the petitioner was foun

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