Kerala High Court
Revision vs By Adv.Sri.R.Anil on 23 February, 2018
Author: B. Sudheendra Kumar
Bench: B.Sudheendra Kumar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
FRIDAY, THE 23RD DAY OF FEBRUARY 2018 / 4TH PHALGUNA, 1939
Crl.Rev.Pet.No. 1350 of 2017
CRL.M.P.NO.132/2016 IN C.C.12/2011 OF SPECIAL COURT (SPE/CBI),
THIRUVANANTHAPURAM
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REVISION PETITIONER(S)/ACCUSED NO.1
SHRI.P.R. MURALEEDHARAN NAMBOODIRI,
RESIDING AT "CHAITHRAM"
NEAR ESI QUARTERS, ERAYILKADAVU,KOTTAYAM.
(FORMERLY MANAGER SIB, STATE BANK OF TRAVANCORE
MAIN BRANCH, KOTTAYAM)
BY ADV.SRI.R.ANIL
RESPONDENT(S)/COMPLAINANTS.:
CBI
REPRESENTED BY THE STANDING COUNSEL,
HIGH COURT OF KERALA, ERNAKULAM,
KOCHI.682031.
R1 BY ADV. SRI.P.CHANDRASEKHARA PILLAI, SC, C.B.I.
SRI.SANTHAMANGALAM S. AJITHKUMAR,SC, C.B.I.
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 23-02-2018,
THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.Rev.Pet.No. 1350 of 2017
APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE A: TRUE COPY OF THE ORDER IN C.M.P.132/2016 IN C.C.nO.12/2011 OF
THE COURT OF SPECIAL JUDGE (SEP/CBI), THIRUVANANTHAPURAM.
ANNEXURE A1: TRUE COPY OF THE CHARGE FRAMED IN C.C.nO.12/2011 BY THE
SPECIAL JUDGE (SEP/CBI), THIRUVANANTHAPURAM.
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
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Crl.R.P. No.1350 of 2017
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Dated this the 23rd day of February, 2018
ORDER
The revision petitioner is the sole accused in C.C.12/2011 on the files of the court of the Special Judge (SPC/CBI), Thiruvananthapuram. The offences alleged are offences under Section 420 r/w Section 120B IPC and Section 13(1)(d) r/w Section 13(2)of the Prevention of Corruption Act. The petitioner filed an application under Section 239 Cr.P.C. before the court below. The court dismissed the said application, against which this revision petition has been filed.
2. Heard.
3. The learned counsel for the revision petitioner has submitted that the first charge framed by the court below was with regard to the granting of a loan of Rupees Twenty five lakh to the original 2nd accused on 12.09.2001 by misusing the official position of the petitioner. The second charge framed by the court was with regard to the Crl.R.P. No.1350 of 2017 -: 2 :- granting of a loan of Rupees Fifty lakh on 23.10.2002 to the original second accused, abusing the official position of the revision petitioner.
4. The learned counsel for the revision petitioner has submitted that since the second offence was allegedly committed after a period of twelve months of committing the first offence, there is bar under Section 219 Cr.P.C. to try both the offences together.
5. The learned Retainer Counsel for CBI has submitted that the CBI is prepared to file separate charge- sheets if a direction is issued to the court below to return the charge to the CBI. The learned counsel for the revision petitioner has also agreed for the same. In view of the above reason, Annexure-A1 charge stands quashed and the matter is remitted to the court below with a direction to the court below to return the final report to the CBI to enable the CBI to file separate charge-sheets.
In the result, this Revision Petition stands disposed of as above.
Crl.R.P. No.1350 of 2017-: 3 :-
In the event of filing fresh charge-sheets, the revision petitioner shall be at liberty to file petition under Section 239 Cr.P.C. before the court below, raising all contentions, which have been raised in this Crl.R.P. Sd/-
B. SUDHEENDRA KUMAR, JUDGE STK //TRUE COPY// //P.A. TO JUDGE// //True co