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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Leelamma – Appellant
Versus
State Of Kerala – Respondent
Headnote: Read headnote
ORDER :
A. BADHARUDEEN, J.
Crl.R.P.No.729/2022 has been filed by accused No.15 in C.C.No.6/2014 on the files of the Enquiry Commissioner and Special Judge, Thrissur, challenging dismissal of her petition seeking discharge by the Special Court. Crl.R.P.No.893/2022 is at the instance of accused No.12 in the above case, who also challenges order refusing discharge. Crl.R.P.No.32/2023 has been filed by accused No.11 in the same case, aggrieved by dismissal of his discharge plea. Similarly, accused No.13 has filed Crl.R.P.No.793/2022, challenging dismissal of her discharge petition by the Special Court.
2. Heard respective counsel for the revision petitioners as well as the learned Public Prosecutor appearing for the Vigilance and Anti-Corruption Bureau.
3. In this matter, the prose
Accused in corruption case failed to demonstrate grounds for discharge; sufficient evidence warranted trial regarding conspiracy and fraud in loan sanctioning.
The court held that defects in sanction do not invalidate prosecution under the Prevention of Corruption Act, and the existence of conspiracy must be evaluated during trial.
The court upheld the dismissal of a discharge petition, confirming sufficient prima facie evidence for charges of conspiracy, misappropriation, and cheating in a bank fraud case.
Prosecution of public servants for corruption does not require sanction when actions are not related to official duties.
Public servants can be charged with conspiracy and misappropriation for fraudulent actions under specific schemes without a need for prior sanction after retirement, if substantial evidence supports ....
Intention to cheat must exist from the outset for a conviction under IPC Section 420; absence of deceitful intent and no pecuniary advantage mandated an acquittal.
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 stage of framing charges, the court is required to evaluate the material on record to determine whether there is a ground for presuming that the offence has been committed, and not whether a g....
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....
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