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2021 Supreme(Online)(Ker) 55080

IN THE HIGH COURT OF KERALA AT ERNAKULAM
R. NARAYANA PISHARADI, J
S.V. KALESAN – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.MARTIN JOSE, SRI.P.PRIJITH, SRI.P.SUJITH KUMAR, SRI.THOMAS P.KURUVILLA
For the Respondents: R1 BY DIRECTOR GENERAL OF PROSECUTION, R2 SRI.R.C. NAIR (ALAPPUZHA)

Table of Content
1. case origin and allegations summarized. (Para 1 , 2 , 3 , 4 , 5)
2. legal grounds of the petitioner's challenge noted. (Para 8 , 10)
3. court's examination of sanction requirements and prior case law. (Para 12 , 13 , 14 , 15 , 16 , 18)

O R D E R

The petitioner is the second accused in the case registered as Crime No.V.C.02/2013/ALP by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau (VACB), Alappuzha under Sections 409 and 120B of the Indian Penal Code and also under Sections 13 (1)(c) and 13(1)(d) read with 13(2) of the Prevention of Corruption Act , 1988 (for short 'the Act').

2. The petitioner was the Secretary of the District Panchayat, Alappuzha during the period from 01.04.2011 to 23.04.2012. The second accused in the case was the President of the District Panchayat, Alappuzha during the period from

08.11.2010 to 30.04.2012.

3. The second respondent filed a complaint in the Court of the Enquiry Commissioner and Special Judge, Kottayam against the aforesaid accused and another person. The crux of the allegations in the complaint was that the accused, pursuant to a conspiracy hatched by them, purchased land from Smt.Beena Kannan in conne

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