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2025 Supreme(Ker) 2808

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
State of Kerala – Appellant
Versus
Bijo Alaxander S/o K.M. Alaxander – Respondent


Advocates Appeared:
For the Respondents: S. Sreekumar, S. Rajeev, M.S. Aneer, Sarath K.P., Prerith Philip Joseph, Anilkumar C.R., K.S. Kiran Krishnan, V. Vinay, Rajesh A., Rekha S.

ORDER :

1. This Criminal Revision Petition has been filed by the State of Kerala represented by Vigilance and Anti-corruption Bureau Special Cell, Ernakulam against the order in C.M.P. No. 810 of 2023 in C.C. No. 21 of 2020 on the files of the Enquiry Commissioner and Special Judge, Muvattupuzha, dated 27.03.2024. Respondent is the sole accused in the above case. Here the revision petitioner assails order in C.M.P No. 810 of 2023 dated 27.03.2024 whereby the learned Special Judge discharged the accused.

2. In this case, the prosecution alleges commission of offences punishable under Section 13 (1)(e) r/w 13(2) of the Prevention of Corruption Act 1988 (for short, PC Act, 1988 hereafter) by the accused. The summary of the prosecution allegation is that the petitioner, who was working as a public servant in various capacities in the Police Department, Government of Kerala in between 01.01.2011 and 31.12.2015, amassed wealth of Rs.33,38,126/- (Rupees Thirty-three lakh thirty-eight thousand one hundred twenty-six) disproportionate to his known source of income, for which he could not account for.

3. The learned Special Public Prosecutor who assailed the order, vehemently submitted that as

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