The Court did not quash the FIR but closed the criminal miscellaneous petition, directing the Vigilance Bureau to complete the investigation and submit the final report within three months.
Criminal M.C. closed; Vigilance Bureau directed to complete investigation and submit final report within three months.
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 K. BABU
TUESDAY, THE 12TH DAY OF DECEMBER 2023 / 21ST AGRAHAYANA, 1945
CRL.MC NO. 358 OF 2023
CRIME NO.VC.07/SCT/2022 OF VACB, THIRUVANANTHAPURAM, Thiruvananthapuram
PETITIONER:
NAJEEB H.
AGED 49 YEARS
SENIOR ADMINISTRATIVE OFFICER, GRAMA VIKASANA
COMMISSIONARATE, THIRUVANANTHAPURAM - 695003. (RESIDING
AT FARHATH HOUSE, TC 38/1006, KGRA -63, GANDHIMATHI
ROAD, PTP NAGAR, VATTIYOORKAVU P. O.,
THIRUVANATHAPURAM), PIN - 695038
BY ADVS.
T.T.MUHAMOOD
V.E.ABDUL GAFOOR
A.MOHAMMED SAVAD
T.R.VISHNU
NIKITA J. MENDEZ
RESPONDENTS:
1THE STATE OF KERALA
(REP. BY THE PUBLIC PROSECUTOR), HIGH COURT OF KERALA,
ERNAKULAM, PIN - 682031
2SUPRINTENDENT OF POLICE
VIGILANCE & ANTI CORRUPTION BUREAU, SPECIAL CELL,
THIRUVANANTHAPURAM , (IN CRIME NO. VC07/2022/SCT).,
PIN - 695033
OTHER PRESENT:
RAJESH A,SPL GP VIGILANCE;REKHA,SR PP
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
12.12.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
CRL.MC NO. 358 OF 2023
2
K.BABU, J.
Crl.M.C.No.358 of 2023
Dated this the 12th day of December, 2023
O R D E R
The prayer in this Criminal M.C is as follows:-
“This Honourable Court may be pleased to quash Annexure A1 FIR No.VC.07/2022/SCT of VACB Special Cell, Thiruvannathapuram on the file of the Enquiry Commissioner and Special Judge Thriruvananthapuram, by allowing this Memorandum of Criminal Miscellaneous Case, in the interest of justice.”
punishable under Section 13(2) read with Sections 13(1)(e) & 13(1) (b) of the PC Act, 1988 amended in 2018.
Therefore, the Criminal M.C. is closed directing the Vigilance and Anti Curruption Bureau to complete the
CRL.MC NO. 358 OF 2023
3
investigation and submit final report within three months from this day. The petitioner is at liberty to approach this Court, if he is so advised, in future.
Sd/- K.BABU, JUDGE
saap
CRL.MC NO. 358 OF 2023
4
APPENDIX OF CRL.MC 358/2023
PETITIONER ANNEXUR |
ES |
|---|---|
Annexure A1 |
CERTIFIED COPY OF THE FIR NO. VC.07/2022/SCTOF VACB SPECIAL CELL, THIRUVANANTHAPURAM,DATED 12-12-2022 |
Annexure A1(a) |
TRUE COPY OF THE APPLICATION SANCTION ORDERDATED 23-01-2020 OF NR WITHDRAWAL FROMPROVIDENT FUND ACCOUNT NO. GAC 24854 |
Annexure A2 |
TRUE COPY OF THE SALE DEED EXECUTED BY SRI.MUHAMMED ARIF IN FAVOUR TO THE PETITIONER ON01-02-2021 WHICH HAS BEEN REGISTERED INSASTHAMANGALAM SRO AS SALE DEED NO. 219/21 |
Annexure A2(a) |
TRUE COPY OF THE SALE DEED NO. 1861/2020 OFSASTHAMANGALAM SRO EXECUTED ON 11-12-2020 FORTHE SALE OF PROPERTY IN THE NEARBY AREA |
1 issue framed by the court
Whether the scrutiny of a criminal miscellaneous petition seeking quashing of an FIR should be combined with adjournment to await investigation report.
1 provisions across 1 enactments
NAJEEB H.
THE STATE OF KERALA
SUPRINTENDENT OF POLICE VIGILANCE & ANTI CORRUPTION BUREAU
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court