Crl.M.C.No.2017 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 10^TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 CRL.REV.PET NO. 560 OF 2021 AGAINST THE ORDER DATED 21.04.2021 IN CRMP NO.27 OF 2021 IN CC NO.4 OF 2011 IN RC NO.18(A)/2008/CBI/KER OF THE SPECIAL COURT (SPE/CBI), THIRUVANANTHAPURAM REVISION PETITIONER/RESPONDENT/COMPLAINANT:

CENTRAL BUREAU OF INVESTIGATION, SPECIAL CRIME BRANCH, THIRUVANANTHAPURAM, REPRESENTED BY SUPERINTENDENT OF POLICE – 695 004.

BY SHRI.SREELAL WARRIAR, SC, CBI RESPONDENT/PETITIONER/2ND ACCUSED:

P.R.SANDHYA (ACCUSED NO.2), W/O.LATE P.K.SANAL KUMAR, SREE SANDHYA, IAS ROAD, OPPOSITE KALAVIKKAL HOUSE, VATTIYOORKAVU, THIRUVANANTHAPURAM - 695 013.

BY ADVS.

S.SREEKUMAR (SR.)

Crl.M.C.No.2017 of 2022 P.MARTIN JOSE P.PRIJITH THOMAS P.KURUVILLA M.A.MOHAMMED SIRAJ R.GITHESH AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT HARIKRISHNAN S.

THIS CRIMINAL REVISION PETITION HAVING COME UP FOR FINAL HEARING ON 03.04.2025, ALONG WITH Crl.MC.2017/2022, THE COURT ON 10.04.2025 DELIVERED THE FOLLOWING:

Crl.M.C.No.2017 of 2022 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR THURSDAY, THE 10^TH DAY OF APRIL 2025 / 20TH CHAITHRA, 1947 CRL.M.C.NO. 2017 OF 2022 FOR QUASHING THE FINAL REPORT IN CC NO.125 OF 2021 OF THE CHIEF JUDICIAL MAGISTRATE ,THIRUVANANTHAPURAM PETITIONER/2ND ACCUSED:

P.R. SANDHYA, AGED 49 YEARS W/O LATE P.K. SANAL KUMAR, SREE SANDHYA, I.A.S ROAD, OPPOSITE KALAVIKKAL HOUSE, VATTIYOORKAVU, THIRUVANANTHAPURAM, PIN – 695013.

BY ADVS.

S.SREEKUMAR (SR.)

P.MARTIN JOSE P.PRIJITH M.A.MOHAMMED SIRAJ THOMAS P.KURUVILLA AJAY BEN JOSE MANJUNATH MENON SACHIN JACOB AMBAT ANNA LINDA V.J HARIKRISHNAN S.

RESPONDENT:

THE CENTRAL BUREAU OF INVESTIGATION, REP. BY. ITS STANDING COUNSEL, HIGH COURT OF Crl.M.C.No.2017 of 2022 KERALA, ERNAKULAM, PIN – 682031.

SHRI.SREELAL WARRIAR, SC, CBI THIS CRIMINAL MISC. CASE HAVING COME UP FOR FINAL HEARING ON 03.04.2025, ALONG WITH Crl.Rev.Pet.560/2021, THE COURT ON 10.04.2025 PASSED THE FOLLOWING:

Crl.M.C.No.2017 of 2022 P.G. AJITHKUMAR, J.

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Crl.R.P.No.560 of 2021 &

Crl.M.C.No.2017 of 2022 -----------------------------------------------------------

Dated this the 10^th day of April, 2025

O R D E R

Crl.R.P.No.560 of 2021 Calendar Case No.4 of 2011 was instituted before the Special Court (SPE/CBI), Thiruvananthapuram based on the final report filed by the Central Bureau of Investigation in Crime No.RC 18(A)/2008/CBI/KER. The final report was originally filed before the Special Court for trial of CBI cases, Ernakulam and it was eventually transferred to the Special Court at Thiruvananthapuram. The petitioner is the 2^nd accused. Her husband, who is no more, is the 1^st accused. Offences under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption, 1988 (PC Act) and Section 109 of the Indian Penal Code, 1860 (IPC) read with Section 13(1)(e) of the PC Act are alleged against the accused. As per the order Crl.M.C.No.2017 of 2022 dated 21.04.2021, the Special Court allowed the petition filed by the petitioner, Crl.M.P.No.27 of 2021, for taking appropriate action on account of the death of the 1^st accused. It was accordingly ordered that the case would be transferred to the court of the Chief Judicial Magistrate, Thiruvananthapuram for disposal. The Central Bureau of Investigation challenges the said order in this revision petition.

Crl.M.C.No.2017 of 2022

2. The petitioner is the 2^nd accused in C.C.No.125 of

2021 on the files of the Court of Chief Judicial Magistrate, Thiruvananthapuram. She seeks to quash Annexure-2 final report and the proceedings in CC No.125 of 2021.

3. The case originated on a final report filed by the CBI. The offences alleged are punishable under Section 13(1) (e) read with Section 13(2) of the PC Act and Section 109 of the IPC read with Section 13(1)(e) of the PC Act. Initially C.C.No.2 of 2010 was instituted based o