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2024 Supreme(Online)(KER) 11322

HIGH COURT OF KERALA
K. Babu, J
S. MOHAN – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: R.S.ASWINI, SANKAR T.RAMPRASAD UNNI, S.M.PRASANTH, T.H.ARAVIND, K.RAMAKUMAR
For the Respondents: SRI.A.RAJESH, SMT. REKHA

ORDER

The challenge in this Criminal Revision Petition is to the order dated 07.07.2022 in Crl.M.P.No. 442/2022 in C.C.No.49/2016 on the file of the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram. The petitioner and the other accused face charges under Section 13 (2) read with (1)(c) of the Prevention of Corruption Act (for short 'the P.C.Act'), 1988 and Sections 406 , 408,409, 420, 468, 471 and 477A read with Section 34 of the Indian Penal Code .

2. The prosecution allegations, as extracted from the impugned order, are as follows:

“That the A1 being the Secretary, A2 being the President, A3 to A8 being the Director Board members and A9 being the Chief promoter and member of Thiruvananthapuram Taluk Integrated Silk Handloom Weavers Co-operative Society Ltd. No. S.IND (T) 847, Balaramapuram, Thiruvananthapuram, in their capacity as public servants abused their position and colluded each other and hatched a criminal conspiracy with an intention to misappropriate the Government funds and in furtherance of the said criminal conspiracy had made false entries in the Membership Register to show that the Society has sufficient number of members and with other false

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