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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
M.A.Rasvi S/o Abdul Jabbar – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. allegations of corruption in construction (Para 1 , 2 , 5) |
| 2. court's evaluation of prosecution evidence (Para 3 , 4 , 8 , 9 , 13 , 14) |
| 3. defense arguments on construction failure (Para 6 , 7 , 10 , 11) |
| 4. dismissal of petitions with no binding effect (Para 15 , 16) |
ORDER :
1. Crl.Rev.Pet. No.1081/2024 has been filed under Sections 438 and 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023, by accused Nos.1 and 2 in C.C. No.20/2016 on the files of the Court of the Enquiry Commissioner and Special Judge, Kottayam, challenging the common order dated 27.06.2024 in Crl.M.P. No.388/2020 in the above case, whereby the discharge plea at the instance of accused Nos.1 and 2 was dismissed by the learned Special Judge.
2. The 3rd accused, who is aggrieved by dismissal of his discharge petition vide order dated 27.06.2025 in Crl.M.P. No.90/2021 in the above case has filed Crl.Rev.Pet. No.974/2024, challenging the said order.
3. Heard the respective counsel for the revision petitioners as well as the learned Public Prosecutor, in detail. Perused the order impugned, relevant records as well as the decision placed.
4. Parties in these criminal revision petitions shall be referred as
To establish corruption under the Prevention of Corruption Act, intentional wrongdoing must be proved beyond negligence, with the court emphasizing the necessity for a prima facie case based on exper....
Public servants committing criminal misconduct by misusing their official position for pecuniary advantage can be prosecuted under the Prevention of Corruption Act, 1988, and IPC provisions regarding....
The main legal point established is that the protection of S. 197, Cr. P. C. applies to public servants if the alleged offenses are related to the discharge of their official duties, necessitating sa....
The main legal point established in the judgment is the requirement for reliable and consistent evidence to prove criminal charges, especially in cases involving corruption and conspiracy.
For an offence punishable under Section 13(1)(d)(ii) read with Section 15 of PC Act, it is necessary to establish that a public servant has attempted to obtain for himself or for any other person any....
The main legal point established in the judgment is that the direct involvement of the accused in the construction and supervision of the building, as evidenced by witness statements and technical re....
The main legal point established is that the presence of the accused at the site of embezzlement and the withdrawal of funds under joint signature can establish criminal liability. Additionally, the ....
Procedural lapses in government functions do not constitute criminal misconduct under the Prevention of Corruption Act without demonstrating direct financial harm.
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