Criminal Miscellaneous Case challenging a charge sheet in a corruption case. The Single Bench held that petitions alleging innocence regarding alleged conspiracy and alterations of documents are questions of fact for trial.
None. The Crl.M.C. is dismissed, reserving liberty to take contentions before the trial court.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE A.K.BASHEER
THURSDAY, THE 16TH OCTOBER 2008 / 24TH ASWINA 1930
Crl.MC.No. 2143 of 2006
------------------------AGAINST THE ORDER DATED 14/07/1999 IN RC13(A)/99-KER IN CC.3/2003 of III ADDL.SESSIONS COURT, ERNAKULAM
PETITIONER/ 4TH ACCUSED:
K.S.RAMANKUTTY, KADAVIL HOUSE, KARMAL MOUNT ROAD, KANJIRAPALLY, KOTTAYAM DIST. (BRANCH MANAGER, TRANSPORT CORPORATION OF INDIA, KANJIRAPPALLY BRANCH, KOTTAYAM DIST).
BY ADV. SRI.T.V.GEORGE
RESPONDENTS/ COMPLAINANT:
ADV. SRI.S.SREEKUMAR, SC FOR CBI FOR R1 SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. FOR R1 PUBLIC PROSECUTOR /-
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 16/10/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
A.K.BASHEER, J.
===============
Crl.M.C.No.2143 of 2006 - C
===============================
Dated this the 16th day of October, 2008.
O R D E R
The Central Bureau of Investigation has charge sheeted the petitioner and five others before the CBI Court (III Additional Sessions Court, Ernakulam) for offences punishable under Sections 120-B r/w Section 13(2) r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and under Sections 420, 468,467 and 471 IPC.
by the petitioner in this petition. I have also perused the charge
Crl.M.C.No.2143 of 2006 - C 2
sheet (Annexure A1) filed by the CBI, Special Police Establishment, Ernakulam.
Therefore, the Crl.M.C. is dismissed, reserving liberty to the petitioner to take up all his contentions before the trial court. It is made clear that I have not considered the merit of any of the contentions raised by the petitioner in this petition.
A.K.BASHEER, JUDGE.
bkn/-
2 issues framed by the court
Whether the contention of innocence regarding alleged conspiracy and alteration of consignment copies can be decided in a criminal miscellaneous petition or only in trial
Whether a petitioner in a criminal Writ Petition under Section 482 CrPC is entitled to relief when the contentions are purely questions of fact
3 provisions across 3 enactments
K.S. RAMANKUTTY
C.B.I.
STATE OF KERALA
A.K. BASHEER
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
