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6. During investigation, it was found that Malanad CGHS was initially registered on 28.12.1983 having its office at H. No. 30, North Avenue, New Delhi with 80 promoter members. R.K. Purushothaman (A-1), K.V. Velayudhan (A-2) and MM Lawrence were its promoter Secretary, Treasurer and President, respectively. Vide resolution dated 12.03.1984, 25 new members were enrolled and the strength of the society was enhanced to 105 members. R.K. Purushothaman, Secretary (A-1), vide his letter dated 27.03.1984 addressed to the RCS, New Delhi requested the RCS to forward the list of 105 members to DDA for allotment of land. The list of 105 members was submitted under the signatures of R.K. Purushothaman (A-1), M.M. Lawrence and A.V. Balaji Aiyer.

9. Subsequently, a letter dated 13.10.1997 was submitted in the RCS office under the purported signatures of accused R.K. Purushothaman (A-1) giving details of election/proceedings held on 20.07.1997. On 14.10.1997, accused R.C. Mishra (A-3) submitted the list of 105 members of the Society to dealing assistant Dinesh Pandey along with the affidavit under the purported signatures of R.K. Purushothaman (A-1). He also furnished list of members under the signatures of Unni Krishnan, K.V. CC No/CBI/150/2019 Digitally signed CBI Vs. R.C. Mishra & Ors. by NISHANT Page No. 6 of 29 RC-EOU-I/2016/EOO NISHANT GARG GARG Date:

47. At the outset, it may be mentioned that R.K. Purushothaman (A-1) and K.V. Velayudhan (A-2) who were charged for commission of offences punishable under Section 120B read with Section 406,420,468,471 IPC as well as 420/468/471 and 406 IPC have since expired and proceedings against them stood abated on 07.10.2013 and 12.01.2015, respectively. Main allegations were against R.K. Purushothaman (A-1) and K.V. Velayudhan (A-2). PW38 Ram Avtar Yadav, Investigating Officer stated that RC 13(E) 2006 CBI EOU - I was registered on 26.07.2006 only against R.K. Purushothaman (A-1) and K.V. Velayudhan (A-2) by name. R.C. Mishra (A-3) and Rajesh CC No/CBI/150/2019 Digitally signed CBI Vs. R.C. Mishra & Ors. by NISHANT Page No. 18 of 29 RC-EOU-I/2016/EOO NISHANT GARG Date: 

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Sharma (A-4) were not named in the FIR. It has also been informed that R.K. Purushothaman (A-1) and K.V. Velayudhan (A-2) were the office bearers of Malanad CGHS. Since R.K. Purushothaman (A-1) and K.V. Velayudhan (A-2) have expired, allegations against R.C. Mishra (A-3) and Rajesh Sharma (A-4) to have conspired with them for commission of above stated offence have not been substantiated. The prosecution has failed to establish if R.K. Purushothaman (A-1), K.V. Velayudhan (A-2), R.C. Mishra (A-3) and Rajesh Sharma (A-4) hatched conspiracy on any particular day and place. None of the prosecution witnesses has testified about hatching of conspiracy by R.C. Mishra (A-3) and Rajesh Sharma (A-4) with R.K. Purushothaman (A-1) and K.V. Velayudhan (A-