The High Court rejected a petition seeking to quash criminal proceedings under Section 482 CrPC against a fourth accused in a corruption case involving misappropriation of government funds, holding that the petitioner has a remedy under Section 239 CrPC to seek discharge.
Discharge proceeding is directed; petition to quash proceedings is dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 11TH JUNE 2009 / 21ST JYAISHTA 1931
Crl.MC.No. 1204 of 2009(A)
-------------------------------------(C.C. NO.9/09 BEFORE THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOTTAYAM)
PETITIONER/ ACCUSED NO.4:
-------------------------------------------
P.M.SUDHAKARAN, AGED 55, S/O.P.K.MANIKKIAN VAIDER, POONKUNNAM, THRISSUR.
BY ADV. MR.K.S.MADHUSOODANAN.
RESPONDENT/FORMAL PARTY/COMPLAINANT:
---------------------------------------------------------------------
STATE OF KERALA, TO BE REP. BY DY. SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, IDUKKI DISTRICT.
BY PUBLIC PROSECUTOR MR. GIKKU JACOB.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 11/06/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
prv.
M.SASIDHARAN NAMBIAR, J.
==================== Crl.M.C. No. 1204 of 2009-A ====================
Dated this the 11th day of June, 2009.
O R D E R
Petitioner is fourth accused in V.C.No.8/2005 of Vigilance registered and now pending as C.C.No.9/2009 before the Enquiry Commissioner and Special Judge, Kottayam. Allegations against the accused are that they entered into criminal conspiracy, manipulated and forged false survey sketch, M-Book, Tour Note, Completion Report and bills and with the dishonest intention allowed the sixth accused to misappropriate Government money and thereby obtained pecuniary advantages of Rs.40,670.96 and also allowed the sixth accused to misappropriate that amount and thereby committed offences under Section 13(1)(c)(d)
Crl.M.C.No.1204/2009-A
-2-
read with Section 13(2) of Prevention of Corruption Act, 1988 and Sections 466, 471, 477(A) and 120B of Indian Penal Code. Petitioner approached this Court to quash the proceedings as against him by invoking the powers under Section 482 of Code of Criminal Procedure contending that petitioner was Field Assistant only from 6-5-2002 to 10-5-2003 and the surveyed sketch was approved by the Manager as well as Divisional Manager much prior to his joining there and therefore he cannot be prosecuted for the deficiency in extent as per the survey sketch. It is also contended that petitioner is not legally bound to re-survey before preparing the bills and he had prepared the bills based on the survey sketch approved by his superior officers and in such circumstances the petitioner cannot be prosecuted for any of the offences.
the learned Public Prosecutor were heard.
Crl.M.C.No.1204/2009-A
-3-
M.SASIDHARAN NAMBIAR JUDGE
dkr
2 issues framed by the court
Whether this Court's inherent jurisdiction under Section 482 CrPC can be invoked to quash proceedings against an accused in a corruption charge pending before a special court.
Whether the petitioner is legally bound to re-survey before preparing bills when the survey sketch was approved by superiors prior to the petitioner joining the services.
4 provisions across 3 enactments
P.M.Sudhakaran
State of Kerala
M.Sasidharan Nambiar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
