THOMAS P.JOSEPH
G. S. Prakash – Appellant
Versus
State Of Kerala – Respondent
1. These Writ Petitions filed under Article 226 of the Constitution of India are in challenge of orders passed by the learned Enquiry Commissioner and Special Judge, Thiruvananthapuram (for short, "the Special Judge") under Sec. 156(3) of the Code of Criminal Procedure (for short, "the Code") directing the Vigilance and Anti Corruption Bureau (for short, "the V&ACB") to conduct a preliminary enquiry and register a case if materials indicating commission of offences as alleged in the private complaints are disclosed and if not, report the matter to the learned Special Judge. The following questions of law are urged for a decision:
I. Whether, in view of Sec. 68A of the Kerala Co-operative Societies Act,1969 (for short, "the Act") it was within the power of learned Special Judge to direct the V&ACB to conduct an enquiry/investigation and the V&ACB to enquire/investigate into matters relating to a Co-operative Society registered under the Act?
II. Whether, it was within the power of learned Special Judge to direct a preliminary enquiry to be conducted by the V&ACB before registering a case while passing an order under Sec. 156(3) of the Code?
2. Some facts are necessary f
7. Reghunathan v. State of Kerala [2001 (3) KLT 444]
9. State of Uttar Pradesh v. Bhagwant Kishore Joshi [(1964) 3 SCR 71]
11. Shashikant v. Central Bureau of Investigation and others [(2007) 1 SCC 630]
2. P.Sirajuddin v. State of Madras [(1970) 1 SCC 595)
3. Madathil Marakar Haji v. Vakkom B. Purushothaman [2007 (4) KLT 659]
4. Satheesh v. Enquiry Commissioner & Special Judge [2003 (3) KLT 480]
5. Padma Sundara Rao (dead) and others v. State of T.N. and others [(2002) 3 SCC 533]
8. Biju C. Valluvanadan v. State of Kerala [2004 (3) KLT 296]
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