MANOJ K. Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The revision petitioner herein is the 2nd accused in C.C.No.5/2016 of the Special Judge's Court, (SPE/CBI)-1, Ernakulam. The crux of the prosecution allegation is that the petitioner herein while working as the Senior Clerk in the Passport Office, Malappuram, conspired with the co-accused who was the Passport Officer of that office during the period 04-08-2011 to 30-08-2013 and gave out of term priority to several applications, and also revoked and returned the original passports to several passport holders without following procedures and after obtaining illegal gratification. On the basis of the crime registered, investigation was conducted and Final Report was laid under Sections 7,8,10,13(2) read with 13(1)(d) of the Prevention of Corruption Act, 1988 and under Section 120B of the I.P.C.

(2.) After appearance, 2nd accused filed Crl.M.P.No.946/2016 seeking his discharge on the ground that the charges against him were groundless. The Court below, on evaluation of the materials laid along with the Final Report by the prosecution, took the view that there are enough materials to frame charge against the 2nd accused and the Crl.M.P. was dismissed. Assailing the above order , the 2nd accused has preferred this Criminal Revision.

(3.) Heard the learned counsel for the revision petitioner and the learned Special Prosecutor for the C.B.I.