Disposed

Sivasankaran.R, v. the Superintendent of Police, Vigilance and Anti Corruption Bureau Special Cell

Kerala HC23 Nov 2022Crl.MC/6484/2021

Case brief

AI extract

What is this about?

Petitioner sought to quash a corruption FIR. Court held that investigation was in progress and directed the Investigating Officer to complete the investigation within six months from the date of this order, with liberty to seek further time.

What did the court decide?

Ordered the Investigating Officer to complete the investigation within six months from the date of production of the certified copy of this order, with liberty to seek further time if required.

Sivasankaran.R, Vs the Superintendent of Police, Vigilance and… — Corruption | Kerala HC (2022)

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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 K. BABU

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WEDNESDAY, THE 23^RD DAY OF NOVEMBER 2022 / 2ND AGRAHAYANA, 1944

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CRL.MC NO. 6484 OF 2021

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CRIME NO.VC-02/2020/SCK/VACB SPECIAL CELL, KOZHIKODE, FILED BEFORE THE HON'BLE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR

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PETITIONER:

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SIVASANKARAN.R, AGED 54 YEARS, S/O. RAMAN, KAILASAM, NEAR GVHSS, THIRUVILWAMALA, THIRUVILWAMALA P.O,THRISSUR DISTRICT-680 588 BY ADVS. M.SASINDRAN SATHEESHAN ALAKKADAN

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RESPONDENTS:

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1 THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU SPECIAL CELL, KOZHIKODE, PIN-673 016. 2 THE CIRCLE INSPECTOR, VIGILANCE AND ANTICORRUPTION BUREAU, SPECIAL CELL, KOZHIKODE, PIN 673 016. 3 THE DIRECTOR OF VIGILANCE AND ANTICORRUPTION BUREAU, THIRUVANANTHAPURAM-695 001 4 THE STATE POLICE CHIEF, THIRUVANANTHAPURAM -695 001 5 THE SECRETARY TO THE GOVERNMENT HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 6 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM 682 031. BY ADVS. SMT.REKHA ,GP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C No.6484 of 2021

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K.BABU, J.

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Criminal M.C No.6484 of 2021

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Dated this the 23^rd day of November, 2022

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O R D E R

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The prayer in this Criminal M.C filed under Section 482 of the

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Code of Criminal Procedure is as follows:

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“.....to quash Anx.A1 FIR in Crime No.VC.02/2020/SCK/VACB Special Cell, Kozhikode filed before the Hon'ble Court of Enquiry Commissioner and Special Judge, Thrissur.”

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The petitioner/accused in Crime No.VC-02/2020/SCK/VACB

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Special Cell, Kozhikode is seeking to quash the FIR registered against him.

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The above referred FIR has been registered against the petitioner alleging offences punishable under Sections 13(1)(b) and 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988.

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Heard the learned counsel for the petitioner and the learned Senior Public Prosecutor.

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This Court obtained a report from the Investigating Officer

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as to the status of the investigation. In the report, the Investigating

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Crl.M.C No.6484 of 2021

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Officer submitted thus:

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“7. It is submitted that the investigation of this case is on progress. The following are the counts to be done to conclude the investigation in this case, according to the facts revealed at present.

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(i) The remaining bank account details of the accused and his family members are to be verified.

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(ii) Income tax particulars of the accused and his wife are to be collected from the Income tax department.

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(iii) Agricultural valuation report in respect of the land owned by the accused and his family members is to be obtained from the authorities of Agriculture department.

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(iv) The remaining pay drawn particulars of the accused and his wife are to be collected from the department concerned.

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(v) The loan repayment details in respect of the vehicles used by the accused and his family members are to be verified.

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(vi) The repayment details of all the loans availed by the accused from various financial organizations are also required to be collected.

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(vii) The scrutiny of the remaining seized items (43 Nos. of Exhibits) are to be conducted and the connected documents are to be collected.

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(viii) Recording of statements of witnesses are on progress.

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(ix) The income of the Accused officer from all sources is to be verified.

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(x) Detailed investigation is to be conduced to unearth the benami transactions suspected to be carried out by the Accused.

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It is further submitted that the investigation in this case is steadily progressing with the verification of Exhibits, the collection and verification of records is a time consuming

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Crl.M.C No.6484 of 2021

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task. Detailed computation, duly collecting all the abovesaid particulars is highly essential to ascertain the percentage of the disproportionate assets acquired by the accused in this case.

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It is respectfully submitted that the investigation in this case is progressing along with other cases. A detailed investigation is necessary to assess the exact volume of disproportionate assets acquired by the accused, so that 10 more months is needed to complete the investigation of this case. Also submitted that the earnest efforts are being made to complete the investigation of this case as early as possible.”

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The learned counsel for the petitioner contended that the

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Investigating agency is trying to prolong the process of the investigation.

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Having regard to the entire circumstances, this Court feels that the Investigating Officer can be directed to complete the investigation within a period of six months.

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Therefore, the Investigating Officer is directed to complete the investigation within a period of six months from the date of production of a certified copy of this order. The Investigating Officer is given the liberty to seek further time if required.

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The Criminal M.C is disposed of as above.

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Sd/K.BABU, JUDGE

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KAS

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Crl.M.C No.6484 of 2021

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APPENDIX OF CRL.MC 6484/2021

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PETITIONER ANNEXURES

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Annexure	Ai	TRUE COPY OF THE FIR IN CRIME NO. VC-
		02/2020/SCK/VACB SPECIAL CELL, KOZHIKODE
		SUBMITTED BY THE 1ST RESPONDENT BEFORE THE HON'BLE COURT OF SPECIAL JUDGE (VIGILANCE) , THRISSUR.
Annexure	Aii	TRUE COPY OF THE SEIZURE MAHZAR DATED
		18.09.2020 PREPARED BY THE 1^st RESPONDENT.
Annexure	Aiii	TRUE COPY OF THE KAICHIT DATED
		18.09.2020 EXECUTED BY THE WIFE OF THE PETITIONER, IN FAVOUR OF INSPECTOR OF POLICE, VACB SPECIAL CELL, KOZHIKODE.
Annexure	Aiv	TRUE COPY OF THE LETTER DATED 10.02.2021 OF THE SECRETARY, PALAKKAD DISTRICT POLICE DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY SHOWING THE AVAILING OF LOAN AND THE LIABILITY OF THE PETITIONER.
Annexure	Av	TRUE COPY OF THE STATEMENT OF LOAN DURING THE PERIOD 01.01.2000 TO 10.02.2021, OF THE KERALA POLICE HOUSING CO-OPERATIVE SOCIETY LTD. NO. 4348.
Annexure	Avi	TRUE COPY OF THE NO OBJECTION LETTER AND THE NOTICE OF TERMINATION OF HYPOTHECATION DATED 08.03.2021 ISSUED BY RAKESH CREDITS LTD. CHENNAI.
Annexure	Avi(a),	TRUE COPY OF THE FRONT PAGE OF THE CERTIFICATE OF REGISTRATION OF THE VEHICLE BEARING NO. KL 08-AS-4312.
Annexure	Avii	TRUE COPY OF THE DETAILS FURNISHED BY THE HEADMISTRESS, GVHSS, THIRUVILWAMALA REGARDING THE GPF LOAN LIABILITIES OF THE WIFE OF THE PETITONER.
Annexure	Aviii,	TRUE COPY OF TE CERTIFICATE DATED 08.02.2021 ISSUED BY THE BRANCH MANAGER OF STATE BANK OF INDIA, THIRUVILWAMALA REGARDING DEPOSIT AND LIABILITIES OF THE PETITIONER IN THE BANK.
Annexure	AIX	TRUE COPY OF THE NOTICE DATED 27.08.2021
		ISSUED FROM THIRUVILWAMALA SERVICE CO- OPERATIVE BANK LTD. NO. R 234

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Crl.M.C No.6484 of 2021

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Annexure AX	TRUE COPY OF THE NOTICE NO.
	16/PDPDECS/2021 DATED 31.08.2021 ISSUED
	BY THE PALAKKAD DISTRICT POLICE
	DEPARTMENT EMPLOYEES CO-OPERATIVE SOCIETY TO THE PETITIONER.
Annexure AXI	TRUE COPY OF THE NOTICE NO.
	15/PDPDECS/2021 DATED 31.08.2021 IN
	RESPECT OF THE OD AVAILED BY THE
	PETITIONER ISSUED BY THE PALAKKAD DISTRICT POLICE DEPARTMENT EMPLOYEES CO- OPERATIVE SOCIETY.
Annexure AXII	A TRUE COPY OF THE PAY BILL REGISTER OF THE PETITIONER'S WIFE IN RESPECT OF THE PERIOD FROM MARCH 2020.
Annexure AXIII	A TRUE COPY OF THE NOTICE DATED 08.02.2021 ISSUED BY THE STATE BANK OF INDIA, INTIMATING THE DETAILS OF THE DEPOSIT AND LOAN.
Annexure AXIV	A TRUE COPY OF THE HOME LOAN INTEREST CERTIFICATE DATED 10.06.2020 ISSUED BY THE STATE BANK OF INDIA.
Annexure AXV	A TRUE COPY OF THE NOTICE NO.182/HMCL/2021 DATED 06.07.2021, INTIMATING THE OVERDUE IN THE LOAN ISSUED BY THE KERALA POLICE HOUSING CO- OPERATIVE SOCIETY.
Annexure AXVI	A TURE COPY OF THE NOTICE DATED 19.08.2021 ISSUED BY THE CONCURRENT
	AUDITOR, THIRUVILWAMALA SERVIE CO-
	OPERATIVE BANK INTIMATING THE LOAN ARREARS AND INTEREST.
Annexure AXVII	A TRUE COPY OF THE AUCTION NOTICE DATED 08.11.2021 ISSUED BY THE THIRUVILWAMALA SERVICE CO-OPERATIVE BANK.

Sivasankaran.R, v. the Superintendent of Police, Vigilance and Anti Corruption Bureau Special Cell

Case brief

What is this about?

What did the court decide?

Sivasankaran.R, v. the Superintendent of Police, Vigilance and Anti Corruption Bureau Special Cell

Case brief

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What did the court decide?

What the court decided

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