Disposed

Mani. K., v. State of Kerala

Kerala HC15 Jan 2019OP(Crl.)/575/2018

Case brief

AI extract

What is this about?

The Court disposed of a writ petition seeking quashing of an FIR under Article 227. After recording the Vigilance Bureau's report stating no material exists to prove misconduct, the Court left the petitioner to approach the concerned authority for restoration of his post instead of issuing specific relief.

What did the court decide?

Disposed of the petition by recording the VACB report; petitioner directed to approach concerned authority for transfer order.

Mani. K., Vs State of Kerala — Corruption | Kerala HC (2019)

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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 P.UBAID

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TUESDAY ,THE 15TH DAY OF JANUARY 2019 / 25TH POUSHA, 1940

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OP(Crl.).No. 575 of 2018

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CRIME NO. 3/2017 OF VACB, KOZHIKODE , Kozhikode

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PETITIONER/S:

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MANI. K., AGED 48 YEARS S/O.RARU K., VILLAGE OFFICER, KODUVALLY, KOZHIKODE, THAMARASSERY TALUK, PIN- 673572, KALARIKKAL PARAMBIL HOUSE, KUNNAMANGALAM P.O., KOZHIKODE- 673571.

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BY ADV. SRI.S.K.SAJU

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RESPONDENT/S:

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1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM- 682031.

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2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, KOZHIKODE- 673001.

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3 SRI.BASHEER, S/O.ABDURAHIMAN, PUTHIYATTUKUNDIL HOUSE, KOORMABARA P.O., KOZHIKODE DISTRICT, PIN- 673 604.

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SRI A RAJESH-SPL PP VACB, SRI SANTHOSH PETER-PP

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THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 15.01.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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OP(Crl.).No. 575 of 2018

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JUDGMENT

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The petitioner herein is the accused No.14 in the Crime No.VC 3/2017 of the Vigilance and AntiCorruption Bureau (VACB, Kozhikode Unit. He seeks orders under Article 227 of the Constitution of India quashing the F.I.R and further proceedings against him on the ground that the crime happened to be registered against him due to an error of jurisdiction committed by the trial court. The Inspector of Police, VACB, Kozhikode has filed a statement of objection that there is no scope for a prosecution in this case, and that nothing could be collected during investigation, to show that the petitioner had committed any act of misconduct as defined under the Prevention of Corruption Act. The report also shows that steps are being taken to refer the crime as against the petitioner. When

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the original petition came up for admission on 6.12.2018, this Court had directed the VACB to

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examine the case records and see whether there is

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scope to proceed against the petitioner under the

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OP(Crl.).No. 575 of 2018

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P.C Act in view of the Exts.P7, P9 and P13 orders

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of this Court. Anyway, now the VACB has realised

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on investigation that there is no material as

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against the petitioner to prove any act of misconduct as defined under the law, and the VACB has now wisely decided to refer the crime. The

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petitioner has got a genuine grievance that just because a crime happened to be registered against him, he was transferred from the present post. Now that the crime is being referred, the concerned authority can think of transferring him back to the original position. Let him approach the concerned authority with necessary application. Hence report submitted by the Inspector dated 18.12.2018 is recorded in the proceedings that steps are being taken to refer the crime, and the original petition is accordingly disposed of.

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Sd/-

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/True copy/ P..S to Judge

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P.UBAID JUDGE

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OP(Crl.).No. 575 of 2018

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APPENDIX

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE COMPLAINT DATED
	01.12.2016 FILED BY SRI.BASHEER BEFORE THE ENQUIRY COMMISSIONER, AND SPECIAL JUDGE, KOZHIKODE.
EXHIBIT P2	TRUE COPY OF THE ORDER DATED 09.12.2016 PASSED BY THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOZHIKODE IN C.M.P.NO.650/2016.
EXHIBIT P3	TRUE COPY OF THE CERTIFICATE DATED 29.11.2016 ISSUED BY THE VILLAGE OFFICER, KUMARANALLUR TO THE PETITIONER WITH RESPECT THE LAND AS PER THE PURCHASE CERTIFICATE BEARING NO.640/2009.
EXHIBIT P3 A	TRUE COPY OF THE CERTIFICATE DATED 29.11.2016 ISSUED BY THE VILLAGE OFFICER, KUMARANALLUR TO THE PETITIONER WITH RESPECT THE LAND AS PER THE PURCHASE CERTIFICATE BEARING NO.341/2009.
EXHIBIT P3 B	TRUE COPY OF THE CERTIFICATE DATED 29.11.2016 ISSUED BY THE VILLAGE OFFICER, KUMARANALLUR TO THE PETITIONER WITH RESPECT THE LAND AS PER THE PURCHASE CERTIFICATE BEARING NO.342/2009.
EXHIBIT P3 C	TRUE COPY OF THE CERTIFICATE DATED 29.11.2016 ISSUED BY THE VILLAGE OFFICER, KUMARANALLUR TO THE PETITIONER WITH RESPECT THE LAND AS PER THE PURCHASE CERTIFICATE BEARING NO.343/2009.
EXHIBIT P3 D	TRUE COPY OF THE CERTIFICATE DATED 29.11.2016 ISSUED BY THE VILLAGE OFFICER, KUMARANALLUR TO THE PETITIONER WITH RESPECT THE LAND AS PER THE PURCHASE CERTIFICATE BEARING NO.344/2009.

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OP(Crl.).No. 575 of 2018

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EXHIBIT P4	TRUE COPY OF CERTIFICATE DATED 09.02.2017 ISSUED BY THE VILLAGE OFFICER TO THE 2ND ACCUSED.
EXHIBIT P5	TRUE COPY OF THE FIRST INFORMATION REPORT DATED 25.01.2017.
EXHIBIT P6	TRUE COPY OF THE TRANSFER ORDER DATED 17.08.2017 ISSUED TO THE PETITIONER.
EXHIBIT P7	TRUE COPY OF THE INTERIM ORDER DATED 11.04.2017 IN O.P.(CRL)NO.132 OF 2017.
EXHIBIT P8	TRUE COPY OF THE INTERIM ORDER DATED 11.08.2017 IN O.P.(CRL)NO.132 OF 2017.
EXHIBIT P9	TRUE COPY OF THE INTERIM ORDER DATED 25.05.2017 IN O.P.(CRL)NO.132 OF 2017.
EXHIBIT P10	TRUE COPY OF THE PROCEEDINGS DATED 21.03.2016.
EXHIBIT P11	TRUE COPY OF THE REPORT DATED 06.02.2018 SUBMITTED BY THE INVESTIGATING OFFICER IN O.P(CRL) 132/2017.
EXHIBIT P12	TRUE COPY OF THE STATEMENT DATED 06.02.2018 SUBMITTED BY THE INVESTIGATING OFFICER IN O.P(CRL) 132/2017.
EXHIBIT P13	TRUE COPY OF THE JUDGMENT DATED 08.02.2018 SUBMITTED BY THE INVESTIGATING OFFICER IN O.P(CRL) 132/2017.
EXHIBIT P14	TRUE COPY OF THE ORDER DATED 26.10.2018 ISSUED BY THE THAHSILDAR THAMARASSERY.

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/True copy

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P.S to Judge

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Mani. K., v. State of Kerala

Case brief

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Mani. K., v. State of Kerala

Case brief

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