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ORDER

This Criminal Miscellaneous Case has been filed by the 1^st accused in C.C.No.04/2021 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Thrissur, arising out of Crime No.VC13/2016 of the Vigilance and Anti-Corruption Bureau, Thrissur. The prayer in this petition is to quash Annexure A13 Court Charge and to discharge the petitioner/1^st accused.

2. Heard the learned counsel for the petitioner and the learned Public Prosecutor. Perused the records.

3. In this matter, as per Annexure A8 order dated 10.07.2025, this Court considered the revision filed by the very same petitioner, who is the 1^st accused in C.C.No.04/2021, challenging the dismissal of the discharge petition. After discussing the contentions raised by the petitioner to substantiate discharge, the revision was dismissed, holding that there are sufficient materials prima facie to show the guilt of the accused and to proceed with the trial, after framing charge. Thereafter, upon the dismissal of the challenge against the dismissal of the discharge petitions filed by accused Nos.1 and 2, the Special Court proceeded to frame the charge, which is produced as Annexure A13.

4. It is submitted by the learned counsel for the petitioner that there are no materials to proceed with the trial and therefore, the charge framed against the petitioner is liable to be quashed. It is also submitted that as per Annexure A9 order dated 25.08.2025 passed by the Principal District Judge, Thoothukudi, the suit filed by Malabar Cements Ltd was found maintainable while dismissing the petition filed by the defendant in the suit, viz., M/s.A.R.K.Wood and Metal Pvt.Ltd. Therefore, Annexure A13 Charge would not lie.

5. The learned Public Prosecutor would submit that challenging Annexure A8 order, the petitioner moved before the Apex Court by filing S.L.P. and the same was dismissed.

6. To be on the crux of the matter, the observations contained in paragraph Nos.3 to 20 of Annexure A8 order are as follows:

“3. Here the prosecution alleged commission of offences punishable under Sections 13 (1)(c) and 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 (`PC Act’ for short hereafter) as well as Sections 409 , 420 and 120B of the Indian Penal Code (` IPC ’ for short), by the accused.

4. The 1^st accused in this crime was the legal officer of M/s.Malabar Cements Limited Company (`MCL Co.’ for short) and the 2<sup>nd</sup> accused was the Managing Director of M/s.ARK Wood and Materials Pvt. Ltd (`ARK Co.’ for short). Accused Nos.3 and 4 were the Managing Director and the Director of ARK Co.

5. The 1^st accused filed Crl.M.C.No.4038/2021 before this Court to quash the entire proceedings against him and as per Annexure-A1 order dated 22.12.2021, this Court considered the said plea at length and finally this Court quashed the offences under Section 13 (1)(c) of the P.C Act as well as under Sections 409 and 420 of IPC , against the 1^st accused. Thereafter this Court given liberty to the trial court to proceed against the 1^st accused for the offences under (1)(d) of the PC Act and under Section 120B of . Liberty also was given to the 1^st accused to file discharge petition under Section 239 of the Code of Criminal Procedure in respect of the said offences. Pursuant to disposal of the Crl.M.C as per Annexure-A7 order, the 1^st accused filed Crl.M.P.No.777/2022 and on evaluation of the prosecution materials in detail, the learned Special Judge dismissed the application holding that the available materials in this case would suffice to show, prima facie, case against the 1^st accused.

6. The 2^nd accused, who was the Managing Director of the MCL Co. during the relevant period also filed Crl.M.P.1265/22 seeking discharge and the same also was dismissed by the Special Judge holding that there are sufficient grounds and materials to