G.KRISHNAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in C.C.No.9 of 2006 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram is the appellant in Crl.A.No.1817 of 2009. The first accused in C.C.No.10 of 2006 on the file of the same court is the appellant in Crl.A.No.1818 of 2009, while State, the complainant in the same case,is the appellant in Crl.A.No.280 of 2012. The first accused in C.C.No.11 of 2006 on the file of the same court is the appellant in Crl.A.No.1830 of 2009, while State, the complainant in the same case, is the appellant in Crl.A.No.1947 of 2009. The first accused in C.C.No.12 of 2006 on the file of the same court is the appellant in Crl.A.No.1833 of 2009, while the second accused in the same case is the appellant in Crl.A.No.1714 of 2009 and State/the complainant is the appellant in Crl.A.No.1948 of 2010. The first accused in C.C.No.13 of 2006 on the file of the same court is the appellant in Crl.A.No.1829 of 2009, while the second accused in the same case is the appellant in Crl.A.No.1719 of 2009 and State/the complainant in the same case is the appellant in Crl.A.No.1476 of 2011. The first accused in C.C.No.14 of 2006 on the file of the same court is the appellant in Crl.A.No.1826 of 2009 while State/the complainant in the same case is the appellant in Crl.A.No.1231 of 2013.

(2.) C.C.No.9 of 2006 was registered against the sole accused, who was the then Secretary of Alachalkonam Harijan Handloom Weaver's Industrial Co -operative Society Ltd.No.T.355, Vazhichal, Thiruvananthapuram (hereinafter referred to as 'the society') by the Deputy Superintendent of Police, VACB, Thiruvananthapuram unit, Crime No.11 of 1998 under section 13(1)(c) read with section 13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the P.C.Act') which was originally registered as Cr.No.116/1997 of Cantonment police station, Thiruvananthapuram and it was transferred to VACB, Thiruvananthapuaram unit . The case of the prosecution in that case was that the sole accused while working as Secretary of the Alachalkonam Harijan Handloom Weaver's Industrial Co -operative Society,Vazhichal, Thiruvananthapuram from 11.3.1982 to 15.10.1997 as a public servant unauthorisedly withdrew Rs.20,800/ - on 16.12.1994 from TPA A/c No.3604 by presenting the withdrawal form No.041192 without the consent of the society as well as District Industrial Centre, Thiruvananthpauram, which was entrusted to him for the purpose of using the same for the welfare of the society and misappropriated the same without entering the same in the day book of the society and thereby he had committed the above said offence.

(3.) The case was originally registered on the basis of Ext.P1 complaint by the Contonment police as Crime No.161 of 1997 of that police station on the basis of a complaint given by PW1, the District Treasury Officer, Thiruvanathapruam.