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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Not Provided, J
Accused Nos.13 and 14 – Appellant
Versus
State Bank of India – Respondent
| Table of Content |
|---|
| 1. accused conspired to cheat sbi through fabricated loans. (Para 2 , 3) |
| 2. arguments regarding jurisdiction raised due to death of accused. (Para 4 , 5) |
| 3. court discussed the implications of the public servant's death on jurisdiction. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15) |
| 4. court ruled that trial could not proceed against non-public servants after public servant's death. (Para 16) |
O R D E R
Accused Nos.13 and 14 in C.C. No.20 of 2014 pending before the Additional Special Sessions Court, (SPE/CBI)-III, Ernakulam filed respectively Crl.Rev.Petition Nos.107 of 2023 and 102 of 2023. They together filed Crl.M.P.No.85 of 2018 under Section 239 of the Code of Criminal Procedure, 1973. The Special Court dismissed that petition as per the order dated 21.11.2022 which is under challenge in these revision petitions filed under Section 397 read with Section 401 of the Code. 2. The final report was laid with the following allegations:
The first accused was the manager of the Cochin branch of the State Bank of India (P & B Division). Accused No. 2 to 4 were respectively the Managing Partner and Partners of M/s New Appliances, Cochin. Accused No. 5 was the Managing Direc
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