SUPREME COURT
P. Sathasivam, C. J., *Ranjan Gogoi, N. V. Ramana, JJ.
A2 – Appellant
Versus
Central Bureau of Investigation – Respondent
| Table of Content |
|---|
| 1. details of charges against the appellant. (Para 2 , 3 , 4 , 5) |
| 2. arguments for and against quashing the charges. (Para 6 , 7 , 9) |
| 3. court's observations on previous decisions and applicability. (Para 8 , 10 , 11 , 12 , 13 , 14) |
1. Leave granted.
2. The appellant is the second accused (hereinafter referred to as ‘A2’) in CC No. 48 of 2011 (RC 27(A) / 2004) in the Court of the Special Judge (SPE / CBI), Thiruvananthapuram. He is aggrieved by the refusal dated 25/06/2013 of the High Court of Kerala to quash the aforesaid criminal proceeding lodged by the respondent - Central Bureau of Investigation (hereinafter for short ‘CBI’).
3. The allegations made against the accused - appellant in the FIR dated 30/11/2004 are to the effect that the accused - appellant alongwith one T. K. Rajeev Kumar (A1), Branch Manager, Indian Overseas Bank, Killippalam Branch, Trivandrum and C. Sivaramakrishna Pillai (A3) (since deceased) had entered into a criminal conspiracy to obtain undue pecuniary advantage for themselves. Specifically, it was alleged that in furtherance of the aforesaid criminal conspiracy the accused - appellant dishonestly applied for a car loan of Rs.5 lakhs and open
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