M A KOCHUDEVASSY Vs. STATE OF KERALA

JUDGEMENT

(1.) The Order of the Court was pronounced by Gopalan Nambiyar, Acting Chief Justice. - These petitions were heard together by a Full Bench as they raised the question of the correctness of a Division Bench ruling of this court in Sahadevan v. State of Kerala ( 1976 KLT 134 ). The questions raised are whether the Special Judge, Trichur, appointed under the Criminal Law Amendment Act, 1952 had jurisdiction to try the cases in question in respect of the offences charged; and whether the reasoning and the conclusion of the Division Bench ruling in 1976 KLT 134, which had considered a similar question, can be said to be correct.

(2.) Crl. M.P. No. 862 of 1976 is by the 10th accused in C.C. No. 76 of 1976 on the file of the Special Judge, Trichur. The offences charged are under S.120-8, 408, 465, 467, 477 and 477A of the Indian Penal Code and S.5(1)(c) and 5 (2) of the Prevention of Corruption Act. The 10th accused is a Member of the Executive Committee of the Cooperative Society No. R.192, Chalakudy.

(3.) In Crl. M.P. No. 1096 of 1976 the two petitioners arc charged in C.C. No. 32 of 1975, with offences under S.408 and 477-A of the IPC and S.5(1)(c) and 5(2) of the Prevention of Corruption Act, for mis-appropriation of funds of the Arimbur Service Cooperative Society. The 1st petitioner is the Secretary and the 2nd petitioner is the Head Clerk of the Society.