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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
P. Vijayan, S/o. Parameswaran Nair – Appellant
Versus
Central Bureau Of Investigation – Respondent
ORDER :
A. BADHARUDEEN, J.
Criminal Revision Petition No. 1198 of 2024 has been filed by the 5th accused in C.C. No. 22 of 2016 pending before the Special Judge (SPE/CBI) – I, Ernakulam, challenging the order dated 31.08.2024 in Crl. M.P. No. 104 of 2022, whereby the discharge plea at the instance of the 5th accused was dismissed.
2. Criminal Revision Petition No. 1125 of 2024 has been filed by the 6th accused in the same case, aggrieved by the dismissal of his discharge petition viz Crl. M.P. No. 103 of 2022, also as per the order dated 31st August 2024.
3. Criminal Revision Petition No. 1137 of 2024 has been filed by the 7th accused in the same case, who also is aggrieved by the dismissal of his discharge petition viz Crl. M.P. No. 265 of 2024, by order dated 31st August 2024.
4. Heard the learned counsel for the revision petitioners and the learned Standing Counsel for the Central Bureau of Investigation (CBI) in detail. Perused the orders impugned.
5. The allegations against accused Nos. 5, 6, and 7 as per the charge filed by the CBI are as follows:-
“A1 A.P.Ajeeb, a Public Servant employed in Kerala Police as Civil Police Officer, while working at Cochin International Airport immigra
The lack of direct evidence does not invalidate the prosecution's case when circumstantial evidence sufficiently indicates conspiracy and illegal acts by public servants involved in emigration cleara....
Discharge in corruption cases requires evaluating whether allegations present sufficient grounds for trial, relying on circumstantial evidence when direct proof is unavailable.
Discharge from criminal charges requires more than mere suspicion; a prima facie case must be established through credible evidence linking the accused to the alleged offenses.
The necessity of establishing only a prima facie case for framing charges in conspiracy cases, allowing for prosecution to proceed based on suspicion rather than conclusive proof.
The court ruled that the distinction between tourist and employment visas is a factual matter for trial, affirming the special court's denial of discharge.
The petitioner, implicated in a conspiracy with a public servant, cannot seek quashment as the charges are backed by substantial evidence linking involvement in corruption.
The court emphasized the necessity for prima facie evidence to proceed with a trial, underscoring that discharge petitions cannot be granted based solely on the weakness of co-accused confessions.
A discharge petition is only granted if no prima facie evidence exists to support the charges; involvement is determined by the prosecution's presented evidence.
Prosecution must establish prima facie evidence of pecuniary loss to the government or gain to the accused for misappropriation charges under the P.C. Act.
At the plea for discharge stage, the court evaluates if there is prima facie evidence supporting the allegations, without delving into evidentiary merits, allowing for the continuation of proceedings....
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