Dismissed

Dr.M.Vijayan v. Dy.S.P. and Another

Kerala HC18 Mar 2008Crl.MC/782/2008

Case brief

AI extract

What is this about?

The Kerala High Court dismissed a petition seeking to quash an FIR registered under the Prevention of Corruption Act. The holding states it is too early to claim false implication without further material relevant to exculpation, and thus the investigation cannot be stayed based solely on the initial petition.

What did the court decide?

The petition is dismissed and the right to seek appropriate relief if the petitioner is charge sheeted is reserved.

Dr.M.Vijayan Vs Dy.S.P. and Another — Corruption | Kerala HC (2008)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT :

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THE HONOURABLE MR. JUSTICE V.RAMKUMAR

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TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929

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Crl.MC.No. 782 of 2008()

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VACB NR CR NO. 3 OF 2007 of VACB NORTHERN RANGE, KOZHIKODE

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PETITIONER: 1ST ACCUSED

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DR. M.VIJAYAN (RTD. DY. DHS (NC), KERALA HEALTH SERVICE DEPARTMENT), "GANGOTHRY", CHEVARAMBALAM, KOZHIKODE-17.

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BY ADV. SRI.T.G.RAJENDRAN

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RESPONDENTS: COMPLAINANT/STATE

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DY. S.P., VACB, NORTHERN RANGE, KOZHIKODE.

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STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.

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BY ADV. SRI. P.N. SUKUMARAN, PUBLIC PROSECUTOR

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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V. RAMKUMAR , J.

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========================== CRL.M.C. No. 782 of 2008

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==========================

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Dated this the 18^th day of March, 2008.

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O R D E R

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The petitioner, who is the accused in VACB NR Cr No. 3 of 2007 registered for offences punishable under Section 13(2) of the Prevention of Corruption Act for the alleged commission of an offence under under Section 13(1)(d) of the Prevention of Corruption Act, 1988 r/w Section 120 B IPC, seeks to quash the Annexure I FIR and all further proceedings.

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It is too early to accept the petitioner's contention that he has been falsely implicated in the case by the Vigilance Police. This Court will not, without anything more, quash the FIR or stay the investigation of the crime. If, however, the petitioner has relevant material with him which might exculpate him with regard to the allegations in Annexure I FIR, he is free to produce the same before the Dy.S.P, VACB, Northern Range, Kozhikode. In case the petitioner is charge sheeted by the police and the allegations in the charge sheet do not make out the offences alleged, he shall be free to seek appropriate relief before the appropriate forum if so advised. Reserving this right of the petitioner, this Crl.M.C is dismissed.

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V. RAMKUMAR, JUDGE.

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Dr.M.Vijayan v. Dy.S.P. and Another

Case brief

What is this about?

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Dr.M.Vijayan v. Dy.S.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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