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R. NARAYANA PISHARADI, J
BISHWANATH SINHA – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. overview of the case and allegations against the accused. (Para 1 , 2 , 3 , 4 , 5 , 6 , 8) |
| 2. court's reasoning on the necessity of further investigation. (Para 7 , 29 , 38) |
| 3. arguments regarding the application of section 19 and further investigation. (Para 18 , 31 , 42) |
| 4. discussion on legal requirements for investigation and jurisdiction. (Para 19 , 30 , 34) |
JUDGMENT
The petitioner is the first accused in the case registered as VC.02/2012/CRE by the Vigilance and Anti-Corruption Bureau (VACB), Central Range, Ernakulam.
2. There are 12 accused in the aforesaid case. The offences alleged against the accused in the case are punishable under Sections 13 (1)(d)(ii) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and also under Section 120B of the Indian Penal Code.
3. On the basis of a letter sent by the Registrar of Co-operative Societies to the Government of Kerala, alleging irregularities in sanctioning of loans by the Kerala State Co-operative Bank (hereinafter referred to as 'the Bank'), a preliminary enquiry was conducted. On the basis of the facts revealed in the preliminary enquiry, Ext.P1 First Information Report (F.I.R) was reg
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