MAHIMKUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The 5th accused in F.I.R.No.156/CR/KTM/06 of the C.B.C.I.D., Pathanamthitta, which is pending consideration of the Enquiry Commissioner and Special Judge Court, Thiruvananthapuram as C.C.No.65/2016, is the petitioner herein. Petitioner seeks to quash Annexure-D Court Charge, on the premise that, there is no specific allegation constituting an offence as against the petitioner/A5 and that, there exists no material prima facie to implicate the petitioner, even in respect of the minimal allegations leveled against him.

(2.) Heard Sri.Shiraz Abdulla M.S., learned counsel for the petitioner, Smt.Rekha S., learned Senior Public Prosecutor on behalf of the respondent and Sri.Rajesh A., learned Special Public Prosecutor (Vigilance).

(3.) This Court will straight away refer to the Court Charge, especially the charge which has been framed under the heading 'Firstly', where alone the name of the petitioner/A5 reflects. The relevant portion of Annexure-D Court Charge is extracted herebelow: