C.v.Padmarajan v. Government of Kerala & Others
Case brief
What is this about?
The High Court of Kerala allowed two writ petitions challenging vigilance prosecution. It held that the Vigilance Court at Thrissur lacked territorial jurisdiction to try offences committed in Ernakulam/Thiruvananthapuram, quashing the cognizance and ordering the case to be transferred to the Special Court at Thiruvananthapuram. The Court also quashed proceedings taken before obtaining the mandatory previous sanction of the Central Government under the proviso to Section 188 Cr.P.C. Delays and offences not made out were not accepted at this stage.
What did the court decide?
The grievances were allowed in part. The prayer for quashing police report on delay is disallowed. Proceedings under Section 204 Cr.P.C. without Central sanction are quashed. Cognizance taken by Special Court Thrissur is quashed, and jurisdiction is transferred to Special Court Thiruvananthapuram after compliance with proviso to S. 188 Cr.P.C. Prosecution sanction under S. 197 Cr.P.C. is relegated