Case brief
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Kerala HC (P.G. Ajithkumar, J.), Crl.M.C. No.4430/2023, decided 19.03.2025 (2025:KER:23434): Rajasree Ajith, former MD, KTDFC and accused in CC 8/2023 (Crime No.05/13/SIU-1, VACB SIU-I Thiruvananthapuram) under S.120B IPC r/w SS.13(1)(c), 13(1)(d), 13(2) PC Act and S.120B r/w SS.420, 468, 471 IPC, challenged cognizance taken by Special Judge on 27.02.2023 despite refusal of sanction under S.19(1) PC Act (Annexure-2). Held: where a S.13(2) PC Act offence is committed in furtherance of conspiracy, active conspirators are triable for both conspiracy and the main offence; cognizance limited to conspiracy alone, bypassing sanction, is unsustainable (directly-indirectly doctrine; S.19 PC Act not nugatory). Impugned order set aside; final report to be returned to IO for action per law. Relied on C.K. Jaffer Sharief (2013) 1 SCC 205; followed Surendranath C. (2024(1) KLT 728); relied on Manimekhala S. (2024 (2) KHC 37) on dishonest intention as sine qua non.