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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
Santhosh Kumar Dubey – Appellant
Versus
Central Bureau Of Investigation – Respondent
ORDER :
A. Badharudeen, J.
The 1st accused in Crime No.RC8(A) of 2017 of Central Bureau of Investigation (for short, ‘CBI’ hereafter) Kochi, Ernakulam has filed this Criminal Revision Petition challenging the order dated 01.10.2024 in CRMP No.327 of 2023 passed by the Special Judge in a petition filed under Section 227 of the Code of Criminal Procedure, 1973 (for short, ‘CrPC’ hereafter) seeking discharge by the petitioner. Respondent is the CBI represented by the learned Special Public Prosecutor.
2. Heard the learned counsel appearing for the revision petitioner/1st accused as well as the learned Special Public Prosecutor appearing for the CBI.
3. In this case the prosecution alleges commission of offences punishable under Sections 7 , 11, 12 and Sections 13 (2) r/w 13(1)(i) (d) & 15 of the Prevention of Corruption Act, 1988 (for short, the PC Act, 1988 hereafter) by the accused. The prosecution allegation is that the petitioner who was empanelled as a National Quality Monitor in National Rural Road Development Agency and was entrusted with the inspection of the Roads Built under PMGSY scheme while doing the said work of quality monitoring in Thrissur and Palakkad districts, had c
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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A mere recovery of currency notes is insufficient to establish bribery charges under the Prevention of Corruption Act without proven demand; the court evaluates only whether a prima facie case exists....
Investigation and charges deemed void due to lack of lawful authority and failure to adhere to procedural safeguards, making subsequent proceedings untenable.
At the stage of framing of charge and/or considering discharge application, mini trial is not permissible. Defence on merits is not to be considered at the stage of framing of charge and/or at stage ....
The court affirmed that directing a complainant to deal with an alleged bribe collector constitutes sufficient prima facie evidence of complicity in corruption under the Prevention of Corruption Act.
The court ruled that charges framed against an accused must have sufficient evidence of demand and acceptance to uphold prosecutorial validity; otherwise, it constitutes an infringement of fundamenta....
The power of the judge to sift and weigh the evidence for finding a prima facie case against the accused and the presumption of the alleged offence against the accused are crucial legal principles es....
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