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2024 Supreme(Online)(KER) 35867

HIGH COURT OF KERALA
C. JAYACHANDRAN, J
BINU KUMAR A.P – Appellant
Versus
STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR – Respondent


Advocates:
S.S.ARAVIND, P.M.JOHNY, S.REKHA, A.RAJESH

O R D E R

Dated this the 25 th day of November, 2024 Petitioner seeks quashment of Annexure-6 final report and all further proceedings in C.C.No.25/2023 of the Special Court (Vigilance), Thiruvananthapuram, wherein the petitioner herein is the 4 th accused. The petitioner is a private contractor, who had performed some work for the Water Treatment Plant at Perumala, which comes under the Water Supply Division of Nedumangad. Accused nos.1 and 2 are the Assistant Executive Engineer and the Assistant Engineer, respectively, of the said Water Supply Division. 3 rd accused is the Overseer under that Division. The allegation is that the accused persons, including the petitioner/A4, had entered into a criminal conspiracy, and accused nos. 1 to 3 have abused their official position to give pecuniary advantage to the petitioner/A4 by releasing him amounts totaling to Rs.3.31 lakhs in respect of works, which have not been performed by him, thus causing undue pecuniary advantage to the petitioner/A4 and corresponding loss to the State, thereby committing the offence under Section 13 (1)(d) of the Prevention of Corruption Act, 1988 ('P.C. Act', for short).

2. Heard the learned Counsel for the

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