A. K. THANKAPPAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.1 and 2 in C.C.No.10 of 2022 pending before the Court of Enquiry Commissioner and Special Judge, Muvattupuzha filed, respectively, Crl.M.C.No.471 of 2023 and Crl.M.C.No.2281 of 2023. C.C.No.10 of 2022 was instituted on the final report filed in Crime No.VC/3/2018/CRE of Vigilance and Anti-corruption Bureau, Central Range, Ernakulam. It is alleged that the petitioners committed the offences punishable under Sec. 13(1)(d)(i) and (ii) read with 13(2) of the Prevention of Corruption Act, 1988 (PC Act) and offence under Rule 51(A) of the Arms Rules, 1962 read with Sec. 30 of the Arms Act, 1959. The petitioners contend that the allegations in the final report and the materials produced therewith would not make out commission of the said offences and therefore the final report is liable to be quashed, for which they have filed these petitions invoking the provisions of Sec. 482 of the Code of Criminal Procedure, 1973 (Code).

(2.) Heard the learned counsel for the petitioners in the respective petitions and the learned Senior Public Prosecutor.

(3.) Facts constituting the alleged offences narrated in the final report are extracted below: