(1.) The petitioners, the accused in C.C No.17/2017 on the file of the Court of the Enquiry Commissioner and Special Judge, Thalassery, challenge the dismissal of their application seeking discharge under Sec. 239 Cr.P.C. The petitioner in Crl.R.P No.65/2022 is accused No.1. The petitioner in Crl.R.P No.691/2021 is accused No.3. They face charges under Ss. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 and Sec. 120-B of the Indian Penal Code.
(2.) The prosecution case is that the petitioners and the other accused hatched a criminal conspiracy in the matter of granting the permit for the disposal of dredged materials from Azheekkal Port, Kannur, by adopting different criteria for different dredgers in fixing the quantity of the dredged materials and thereby caused pecuniary loss to the tune of Rs.3,20,000.00 to the public exchequer.
(3.) The Vigilance and Anti-Corruption Bureau, Kannur Unit, investigated the allegations and submitted the final report against the petitioners and others before the Trial Court. The Court took cognizance of the offences. The petitioners and the other accused appeared on summons. They filed applications as CMP Nos.1101/2018, 393/2019 and 394/2019 seeking discharge under Sec. 239 Cr.P.C. The learned Trial Judge dismissed the applications holding that no ground was found to discharge the accused.
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