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2017 Supreme(Ker) 827

P.UBAID
Manoj Abraham IPS – Appellant
Versus
P. P. Chandrasekharan Nair – Respondent


Advocate Appeared:
For the Petitioner:P. Vijaya Bhanu, Sr. Advocate, M. Revikrishnan, Vipin Narayan, Advocates
For the Respondents:K. Ramakumar, Sr. Advocate, K. Balachandran (PN), T. Ramprasad Unni, S.M. Prasanth, Sajeev R. Menon, Asha Babu, R.S. Aswini Sankar, Sabin Babu, Advocates, K. Thyagarajeswaran, CGC, P.P. Narayanan, Senior Public Prosecutor

JUDGMENT :

1. The petitioner herein is a Senior Police Officer of IPS rank in Kerala. The first respondent herein brought a complaint against the police officer before the Special Court (Vigilance), Muvattupuzha, containing so many allegations, including amassment of wealth disproportionate to his known sources of income as a police officer, while working as Commissioner of Police at Ernakulam. On the said complaint, the court below directed a Quick Verification (preliminary enquiry). After a detailed enquiry into the various aspects of the matter including the meticulous details of the income and expenditure of the petitioner, the Deputy Superintendent of Police of the Ernakulam Special Cell of the Vigilance and Anti Corruption Bureau (VACB) submitted a report before the Court on 21.05.2015. The report of the VACB is that the acquisition of disproportionate assets made by the petitioner is only a negligible 0.25%, and the VACB reported that there is no scope for a prosecution under Section 13(1) (e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (PC Act). Notice of this report was given to the complainant. The report of enquiry was seriously objected by the compl


























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