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2025 Supreme(Ker) 2115

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
B. Padmakumar, S/o. Bhaskaran Nair – Appellant
Versus
State Of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Appellant : ADV SRI.SHABU SREEDHARAN
For the Respondent: SPECIAL PUBLIC PROSECUTOR VACB SRI RAJESH.A, SENIOR PUBLIC PROSECUTOR VACB SMT.REKHA.S

Table of Content
1. (Para 1 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11)
2. petitioners challenge proceedings under section 528 of legislation. (Para 2)

ORDER :

A. BADHARUDEEN, J.

This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by the petitioners, who are accused 1 and 2 in C.C.No.2/2021 on the files of the Enquiry Commissioner and Special Judge(Vigilance), Thiruvananthapuram, arising out of Crime No.7 of 2016 of VACB, Kollam, seeking quashment of Annexures 1 to 4 and the further proceedings thereon in the above case.

2. Heard the learned counsel for the petitioners and the learned Public Prosecutor in detail. Perused the prosecution records.

3. Here the prosecution alleges commission of offences punishable under Sections 13 (1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 (`PC Act’ for short hereafter) as well as Sections 409 , 420 r/w 34 of the INDIAN PENAL CODE (`IPC’ for short), by the accused. The prosecution allegation as per the final report reads as under:

“A1, former Officer in Charge of Sub Depot Main, Kollam and A2, former Godown Asst. of Sub Depot main Kollam who were the employees of the Kerala State Civi

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