P.Lekshmanan v. Central Bureau of Investigation
Case brief
What is this about?
In a criminal revision petition, the Kerala High Court declined to adjudicate on the merits of framed charges involving food grain misappropriation and corruption. The court held that the matter is premature for final adjudication and directed the trial court to proceed carefully, reserving substantive contentions for the trial stage.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA
FRIDAY, THE 30TH DAY OF SEPTEMBER 2016/8TH ASWINA, 1938
Crl.Rev.Pet.No. 1260 of 2016 ()
-------------------------------CC.NO. 5/2014 OF SPECIAL JUDGE, (SPE/CBI) - III, ERNAKULAM
PETITIONER(S)/ACCUSED NOS.1 & 3 :
1. P. LEKSHMANAN, AGED 68, RENJI NIVAS, KUNJIMANGALAM P.O., KANNUR DISTRICT. (FORMERLY ASSISTANT MANAGER (DEPOT), OFFICE OF THE DISTRICT MANAGER,
FOOD CORPORATION OF INDIA, MUZHUPPILANGADI, KANNUR)
2. K. DASAN, AGED 63, 'VASANTH HOUSE', DHARMADOM P.O., THALASSERY, KANNUR. (FORMERLY ASSISTANT GRADE-II, OFFICE OF THE DISTRICT MANAGER, FOOD CORPORATION OF INDIA, MUZHUPPILANGADI, KANNUR)
BY SRI.B.RAMAN PILLAI,SENIOR ADVOCATE
Issues for consideration
3 issues framed by the court
Whether charges of criminal breach of trust and corruption against accused with administrative charge but no direct custody of grains can be sustained at the revisional stage.
Whether the prosecution has established entrustment necessary for Section 409 IPC charge at this preliminary stage.
Whether the High Court should decide the merits of alleged conspiracy and dishonest intention now or allow trial court to decide during trial.
Parties & counsel
- petitioner
P. Lekshmanan
- petitioner
K. Dasan
- respondent
Central Bureau of Investigation
Coram
Case details
As recorded by the court registry
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