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2007 Supreme(Ker) 225

K.HEMA
Madathil Marakar Haji – Appellant
Versus
Vakkom Purushothaman – Respondent


Judgment :-

Can the Enquiry Commissioner and Special Judge (hereafter referred to as 'the Special Judge'), on receipt of a complaint under Section 190 of the Code of Criminal Procedure ('the Code', for short), issue an order to the Officers of Vigilance and Anti-Corruption Bureau ('VACB', for short) to conduct a "preliminary enquiry" or "vigilance enquiry" while forwarding a complaint under section 156 (3) of the Code? Can such direction be issued, as per the provisions contained in the Code or the Vigilance Manual? Can such enquiry be ordered, following the dictum laid down by the Supreme Court in P. Sirajuddin v. State of Madras (A.I.R. 1971 S.C. 520)? These are the main questions to be examined in this revision.

FACTS, BRIEFLY:

2. A complaint was filed by revision petitioner against respondents 1 to 4, under Section 190 of the Code, alleging offences under sections 7 and 13 of the Prevention of Corruption Act ('the P.C. Act', for short) and also under section 120 B of the Indian Penal Code ('IPC', for short) etc. As per the allegations in the complaint, first accused was holding office as Finance Minister in the State Cabinet during the period from 15-11-2004 to 28-7-2005. The acc

























































































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