KORAH Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C.No.40 of 2015 pending before the Court of Enquiry Commissioner and Special Judge, Kottayam has filed the revision petition as well as the writ petition. In the revision petition he challenges the common order of the Special Court dismissing two petitions the petitioner has filed; both seeking discharge under Sec. 239 of the Code of Criminal Procedure, 1973 (Code). Only that additional grounds are canvassed in the second petition. In the writ petition, he seeks the following reliefs:

(2.) The petitioner was a Senior Geologist in the Mining and Geology Department, State of Kerala. Crime, VC-02/ 2011/SCE was registered alleging that he has committed an offence punishable under Sec. 13(1)(e) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (PC Act). The allegation then was that during his tenure as a public servant from 1/12/2000 to 24/11/2009, he amassed wealth to a tune of Rs.28,70,971.00, which was disproportionate to his known sources of income. After investigation, a final report was filed wherein it has been alleged that during the check period, i.e., from 1/12/2000 to 22/6/2011, the petitioner acquired assets worth Rs.54,32,686.27 and 587.121 grams of gold ornaments, which was disproportionate to his known sources of income, for which he could not satisfactorily account.

(3.) Before the Special Court, the petitioner has filed Crl.M.P.Nos.660 of 2018 and 982 of 2018, both seeking discharge. The Special Court after hearing the prosecution and the defence and also considering the materials produced by the prosecution held that there was sufficient grounds to proceed against the petitioner and to frame a charge. Those petitions were accordingly dismissed. He calls in question the said order in the revision petition.