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Supreme Court - Daily Orders

Manoj. K.M vs The State Of Kerala on 10 December, 2021

Bench: Sanjiv Khanna, Bela M. Trivedi

     ITEM NO.17                     Court 16 (Video Conferencing)                    SECTION II-B

                                    S U P R E M E C O U R T O F             I N D I A
                                            RECORD OF PROCEEDINGS

     Petition(s) for Special Leave to Appeal (Crl.)                           No(s).    9341/2021

     (Arising out of impugned final judgment and order dated 27-08-2021
     in CRLMC No. 3960/2019 passed by the High Court of Kerala at
     Ernakulam)

     MANOJ. K.M                                                                  Petitioner(s)

                                                           VERSUS

     STATE OF KERALA & ANR.                                                      Respondent(s)

     (FOR ADMISSION and I.R. and IA No.157676/2021-EXEMPTION FROM FILING
     O.T. )

     Date : 10-12-2021 This petition was called on for hearing today.

     CORAM :
                               HON'BLE MR. JUSTICE SANJIV KHANNA
                               HON'BLE MS. JUSTICE BELA M. TRIVEDI


     For Petitioner(s)                    Mr.    Manoj V. George, Adv.
                                          Mr.    Zulfiker Ali P. S, AOR
                                          Ms.    Shilpa Liza George, Adv.
                                          Ms.    Lakshmi Sree P., ADV.
                                          Mr.    Faisal M. Aboobacker, adv.
     For Respondent(s)


                               UPON hearing the counsel the Court made the following
                                                  O R D E R

Learned counsel for the petitioner states that Section 13(1) of the Prevention of Corruption Act, 1988 was substituted vide Act 16 of 2018 with effect from 26.7.2018 and that Clause (d) to Section 13(1) was not in the statute when the FIR in the instant case was Signature Not Verified Digitally signed by Anita Malhotra Date: 2021.12.11 registered.

16:30:35 IST

Reason: 1 SLP(Crl.) No. 9341/2021 The impugned order has primarily examined the purport and the legal effect of Section 17A of the Prevention of Corruption Act, 1988. Keeping in view the factual background of this case, we are not inclined to interfere with the impugned order, but leave it open to the petitioner to raise the aforesaid contentions and issues before the Investigating Officer/Court.

Recording the aforesaid, the special leave petition is dismissed.

Pending application(s), if any, shall stand disposed of.

(SONIA BHASIN)                                    (ANITA RANI AHUJA)
COURT MASTER (SH)                                ASSISTANT REGISTRAR




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