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IN THE HIGH COURT OF KERALA AT ERNAKULAM
K. BABU
Vazhuthacaud R. Narendran Nair S/o Ramakrishna Pillai – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. This Criminal Revision is at the instance of accused No.7 in C.C No.4/2018 on the file of the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram.
Facts:
2. The petitioner is a Lawyer by profession. He was the Legal Advisor of the Kerala Transport Development Finance Corporation Limited (KTDFC), a Government owned company. Accused No.1 was the Managing Director of the KTDFC. Accused Nos.2 to 6 were the employees of the company. Accused No.8 is the husband of accused No.1.
2.1. Accused No.8 is the owner of 17.25 cents of land in survey No.394/B1-2 of Thycaud village. He mortgaged the said property and availed a cash credit loan of Rs.75 Lakhs from the Punjab National Bank, Kozhikode. The bank declared the loan as Non- Performing Asset (NPA) and proceeded against the property, which was later sold to a third party on 17.11.2004.
2.2. The KTDFC introduced “Aiswarya Griha Housing Finance Scheme” in 2005. There was a provision for 'housing and taking over loan' under the scheme. Subsisting housing loans are taken under the scheme. Business loans are not taken under it. There was also a provision for relaxation in interest rate of such housing loans availed by t
No prima facie case exists against the accused for conspiracy or corruption as the legal scrutiny report lacked grounding in facts verifying intended criminal misconduct.
At the discharge stage, the court must determine if there is sufficient ground for proceeding against the accused based on the prosecution's evidence, without conducting a mini-trial.
At the stage of framing charges, the court must exercise its judicial mind and consider the material placed before it comprehensively before arriving at the conclusion that there is sufficient ground....
The court emphasized the importance of evaluating the prosecution's material at the stage of considering an application for discharge and highlighted that the trial court is not expected to conduct a....
The absence of tangible evidence to establish any connection or collusion between the petitioner and other co-accused persons for defrauding the bank led to the quashing of the proceeding against the....
A lack of prima facie evidence for conspiracy negates the framing of criminal charges against a bank valuer who submitted inflated property valuations.
Conspiracy consists in the agreement of two or more persons to do an unlawful act, or to do a lawful act by unlawful means. It is an indictable offence at common law. The essence of the offence of co....
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