RADHAKRISHNAN NAIR Vs. CENTRAL BUREAU OF INVESTIGATION

JUDGEMENT

(1.) The 4th accused in C.C.No.5/2017 on the files of the Special Judge (SPE/CBI)-I, Ernakulam, has filed this criminal revision petition under Ss. 397 and 401 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C' for short), challenging order in Crl.M.P.No.43/2021 in the above case, dtd. 10/12/2021, whereby the learned Special Judge (CBI) dismissed the application filed by the revision petitioner under Sec. 239 of Cr.P.C. seeking discharge.

(2.) Heard the learned senior counsel for the revision petitioner/4th accused and the learned Standing Counsel for the CBI. Perused the relevant documents and the order impugned.

(3.) In this matter, the prosecution alleges commission of offences punishable under Ss. 120B, 409 and 420 of the Indian Penal Code (hereinafter referred to as 'IPC' for short) as well as under Sec. 13(2) r/w 13(1) (c) and (d) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act' for short). Tracing the genesis of the prosecution case, it is discernible that, when a complaint filed by the Regional Manager, State Bank of India (SBI), Regional Business Office (RBO), Shornur, Kerala, in the year 2016, against six accused persons and after completing the investigation, final report was filed against five accused persons after treating the other accused person as an 'approver'.