B. Kemal Pasha, J.

1. Initially a crime was registered against the petitioner through Exhibit-P1 First Information Report on 28.05.2004. The Vigilance and Anti-Corruption Bureau (VACB) conducted a detailed investigation in the matter and filed Exhibit-P2 Final Report before the court below on 07.09.2007.

2. Through Exhibit-P2, the Superintendent of Police, VACB, Special Cell, Kozhikode has reported that all further actions in the case were dropped, and the court below was requested to accept Exhibit-P2 Final Report to that effect. Precisely, the case was referred by the VACB.

3. The court below has resorted to a strange procedure, which is not warranted by Law, through Exhibit-P3, which reads as follows:

"Produced the file. The percentage of DA with reference to income is 17.6%. He has retired from service on 31.05.2006. Considering the facts and circumstances of this case, I find that this is a fit case to take cognizance U/s.13(2) R/W Sec.13(1)(e) of the PC Act. Since he had retired no sanction is required. So register the case against Sri. K.A. Abdulrahiman as above."

4. It seems that the court below has not cared to apply its mind in the matter. Even though the court below