Dismissed

N. Sreekumar v. State of Kerala

Kerala HC4 Dec 2023Crl.MC/10332/2023

Case brief

AI extract

What is this about?

The High Court of Kerala permitted records in a criminal miscellaneous petition filed by an accused challenging the closure of a petition seeking previous sanction and Section 17-A approval. Finding no irregularity in the lower court's order closing the petition due to lack of sanction, the judge clarified that the substantive questions of previous sanction remain available for challenge in approp

What did the court decide?

Petition dismissed; liberty granted to challenge the question of previous sanction and Section 17-A approval in appropriate proceedings.

N. Sreekumar Vs State of Kerala — Corruption | Kerala HC (2023)

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CRL.MC NO. 10332 OF 2023

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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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MONDAY, THE 4TH DAY OF DECEMBER 2023 / 13TH AGRAHAYANA, 1945

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CRL.MC NO. 10332 OF 2023

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CRIME NO.VC.8/2007/SIU/2007 OF VACB, THIRUVANANTHAPURAM, Thiruvananthapuram

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AGAINST THE ORDER/JUDGMENT CC 17/2014 OF ENQUIRY COMMISSIONER &
SPECIAL JUDGE, THIRUVANANTHAPURAM

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PETITIONER:

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N. SREEKUMAR
AGED 69 YEARS
SON OF M. K. NARAYANA PILLAI, SIVA GANGA,
T.C. NO. 7/1523(9), KOTTACHAL ROAD, VETTAMUKKU,
THIRUMALA P.O., THIRUVANANTHAPURAM NOW RESIDING AT
SIVAGANGA, KRWA 49A, CHANDRAGIRI LANE, KATTACHAL ROAD,
THIRUMALA, THIRUVANANTHAPURAM, PIN - 695006
BY ADVS.
ASWINI SANKAR R.S.
K.RAMAKUMAR (SR.)
T.RAMPRASAD UNNI
S.M.PRASANTH
T.H.ARAVIND

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RESPONDENTS:

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1STATE OF KERALA
REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, PIN - 682031
2THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI-CORRUPTION BUREAU, SIU-1,
THIRUVANANTHAPURAM, PIN - 695007

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OTHER PRESENT:

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RAJESH A,SPL GP VIGILANCE;REKHA,SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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CRL.MC NO. 10332 OF 2023

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K.BABU, J .

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Crl.M.C.No.10332 of 2023

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Dated this the 4^th day of December, 2023

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O R D E R

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The prayer in this Criminal M.C is as follows:-

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“This Honourable Court may be pleased to call for the records leading upto Annexure-D order dated 06.11.2023 in Crl.M.P.1675 of 2023 in C.C.No.17 of 2014 on the file of the Enquiry Commissioner and Special Judge (Vigilance), Thiruvananthapuram and appropriate other orders also passed rendering justice to the petitioner.”

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The petitioner is accused No.2 in C.C.No.17/2014 before the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram. He faces charges under Section 13(2) read with Sections 13(1) (c) and 13 (1) (d) of the Prevention of Corruption Act, 1988 and Sections 120-B, 409 and 201 of the Indian Penal Code. The petitioner filed Annexure-B seeking the following relief :-

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“ It is therefore humbly prayed that this Honourable court may be pleased to direct the Public Prosecutor to produce the aforesaid documents forthwith, before proceeding further with the case.”

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The petitioner prayed for directing the Public

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Prosecutor to produce the order according sanction to

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CRL.MC NO. 10332 OF 2023

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prosecute him under Section 197 Cr.P.C. and the approval as provided in Section 17-A of the Prevention of Corruption Act.

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The Court below passed the following order:-

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“ Objection filed. Heard. Vigilance Enquiry Report is produced and it is submitted that there is no sanction order obtained under Sec.197 of Cr.P.C. Hence this petition is closed.”

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Heard the learned Senior Counsel appearing for the petitioner and the learned Special Government Pleader (Vigilance) appearing for the respondents.

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The learned Senior Counsel submitted that the impugned order is irregular as the court below has closed the petition. The learned Special Government Pleader submitted that when the petition was taken up for hearing, it was submitted that no sanction under Section 197 Cr.P.C. was obtained in the matter as no sanction was required to prosecute the petitioner for the reason that he was not discharging any official duty while committing the offences falling under the Indian Penal Code.

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The learned Special Government Pleader further submitted that the question of approval under Section 17-A doesn't arise in the matter as the alleged offences occurred

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CRL.MC NO. 10332 OF 2023

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long prior to the amendments in the PC Act.

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In Annexure B petition, the petitioner had prayed for production of the sanction order and related documents. When the prosecutor submitted that no sanction was obtained, the court closed the petition after recording that submission. I find no irregularity in the impugned order. However, I make it clear that the petitioner is at liberty to challenge the question of previous sanction under Section 19

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and approval under Section 17-A of the PC Act in appropriate proceedings.

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Sd/- K.BABU, JUDGE

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saap

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CRL.MC NO. 10332 OF 2023

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APPENDIX OF CRL.MC 10332/2023

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`PETITIONER ANNEX`	`URES`
`ANNEXURE-A`	`TRUE COPY OF FINAL REPORT DATED 18..08..2014` `IN C.C.NO. 17 OF 2014 ON THE FILE OF THE` `ENQUIRY COMMISSIONER AND SPECIAL JUDGE,` `THIRUVANANTHAPURAM`
`Annexure B`	`TRUE COPY OF PETITION FILED BY THE PETITIONER` `IN CRL.M.P. NO. 1675 OF 2023 DATED`
	`28..10..2023 IN C.C.NO. 17 OF 2014`
`Annexure C`	`TRUE COPY OF REPORT DATED 02..11..2023 IN` `CRL.M.P. NO. 1675 OF 2023 (WRONGLY WRITTEN AS`
	`CMP NO. 1673 OF 2023) BY THE INSPECTOR OF` `POLICE, VIGILANCE & ANTI CORRUPTION` `BUREAU,SIU-I, THIRUVANANTHAPURAM`
`Annexure D`	`TRUE COPY OF ORDER DATED 06..11..2023 IN CRL.` `M.P. NO. 1675 OF 2023 IN C.C.NO. 17 OF 2014` `ON THE FILE OF THE ENQUIRY COMMISSIONER &` `SPECIAL JUDGE, THIRUVANANTHAPURAM`

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//True copy// PA to Judge

N. Sreekumar v. State of Kerala

Case brief

What is this about?

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N. Sreekumar v. State of Kerala

Case brief

What is this about?

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