IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU FRIDAY, THE 7^TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946 WP(CRL.) NO. 1118 OF 2024 CRIME NO.RC 10 (A)/2004 OF CENTRAL BUREAU OF INVESTIGATION, KOCHI, Ernakulam AGAINST THE ORDER/JUDGMENT DATED 12.02.2007 IN SC NO.35 OF 2007 OF SPECIAL C SPE/CBI-I&3 ADDITIONAL DISTRICT COURT , ERNAKULAM PETITIONER/S: V.SUBRAMANIAN AGED 60 YEARS

4/330,SOUTH STREET, KARUPPATHUR, LALAPETTAI, KRISHNARAYAPURAM TALUK, KARUR DISTRICT,TAMILNADU, PIN - 639105 BY ADV V.SUBRAMANIAN(Party-In-Person)

RESPONDENT/S:

1 UNION OF INDIA REPRESENTED BY THE SECRETARY DEPARTMENT OF STATES MINISTRY OF HOME AFFAIRS NORT BLOCK NEW DELHI, PIN - 110001 2 THE SECRETARY DEPARTMENT OF PERSONNEL AND TRAINING, MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES AND PENSIONS, NORTH BLOCK, NEW DELHI, PIN - 110001

3 THE SECRETARY, MINISTRY OF LAW AND JUSTICE, SHASTRI BHAWAN, NEW DELHI, PIN - 110001 4 THE SECRETARY, CENTRAL VIGILANCE COMMISSION (CVC), SATARKATA BHAVAN, A-BLOCK, GPO COMPLEX, INA, NEW DELHI, PIN - 110023

5 THE DIRECTOR, CENTRAL BUREAU OF INVESTIGATION, (CBI) HEAD OFFICE, PLOT NO.5-B,CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110003

6 THE DIRECTOR DIRECTORATE OF PROSECUTION, CENTRAL BUREAU OF INVESTIGATION, HEAD OFFICE, PLOT NO.5-

B,9THFLOOR,CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110003

7 THE CHIEF VIGILANCE OFFICER(CVO), CENTRAL BUREAU OF INVESTIGATION, HEAD OFFICE, PLOT NO.5-B,9THFLOOR,CGO COMPLEX, LODHI ROAD, NEW DELHI, PIN - 110003

8 THE JOINT DIRECTOR AND HEAD OF ZONE, CBI CHENNAI ZONE, CENTRAL BUREAU OF INVESTIGATION,(CBI) III FLOOR, E.V.K.SAMPATH BUILDING, COLLEGE ROAD, CHENNAI, PIN - 600006

9 THE SUPERINTENDENT OF POLICE, SPE/CBI, ACB COCHIN, CENTRAL BUREAU OF INVESTIGATION,(CBI) KATHIRKADAVU, KALOOR, COCHIN, PIN - 682017

10 THE INSPECTOR OF POLICE, SPE/CBI, ACB COCHIN, CENTRAL BUREAU OF INVESTIGATION, SPECIAL POLICE ESTABLISHMENT, COCHIN, PIN - 682017

11 [THE REGISTRAR GENERAL HON’BLE HIGH COURT OF KERALA, ERNAKULAM, COCHIN PIN - 682031] [DELETED]

R11 TO R13 ARE DELETED VIDE ORDER DATED

27/11/2024 IN IA 1/24

12 [THE PRESIDING OFFICER HON’BLE COURT OF SPECIAL JUDGE (SPE/CBI)-I, DISTRICT COURT(ANNEX), ERNAKULAM, KALOOR, COCHIN, PIN - 682017] [DELETED]

R11 TO R13 ARE DELETED VIDE ORDER DATED

27/11/2024 IN IA 1/24

13 [K. SATHIYAN [FORMER SPECIAL JUDGE (SPE/CBI)-) , HON’BLE COURT OF SPECIAL JUDGE (SPE/CBI)-I, DISTRICT COURT(ANNEX), ERNAKULAM, KALOOR, COCHIN]

[DELETED]

R11 TO R13 ARE DELETED VIDE ORDER DATED

27/11/2024 IN IA 1/24**, PIN - 682017 BY ADVS.

SREELAL WARRIAR, SPL GP CBI LEO LUKOSE THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 07.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“C.R.

K.BABU, J -------------------------------------------------

W.P.(Crl.).No.1118 of 2024 -------------------------------------------------

Dated this the 7th day of March, 2025

JUDGMENT

The petitioner, accused No.6 in SC No. 35 of 2007 on the file of the Additional Sessions Court -III, Ernakulam, seeks to quash the summons dated 12.02.2017 and all further proceedings.

Prosecution Case

2. During 1998-1999, accused Nos. 1 to 3 hatched a criminal conspiracy to cheat Canara Bank, Overseas Branch Ernakulam by availing credit facilities worth Rupees Thirty Lakhs in Packing Credit Limit and Rupees Fifty Lakhs in FDB limits in the name of M/s Dharaja Ventures Private Limited using false and forged documents relating to land not in existence as collateral security. In furtherance of the criminal conspiracy, accused No.3 contacted accused No.4 to arrange forged documents. Accused No.4 approached accused No.5 to prepare those documents, who accordingly prepared a sale deed, Patta, Pass Books, Chittas, Adangal Extract, three Encumbrance Certificates, Tax Receipts, Possession Certificates, etc. for a property measuring 48.58 Acres in Sy.Nos. 50, 67 and 68 of Suriyur Village, Thiruchirappally District, Tamil Nadu. Accused No.4, thereafter, approached the Panel Advocate of Canara Bank, Trichy Branch, for legal opinion