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2018 Supreme(Ker) 856

A.M.SHAFFIQUE, P.SOMARAJAN
Muhammed V. A S/o. Ahammed – Appellant
Versus
State of Kerala Represented By The Chief Secretary – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sri.T.G.Gopinathan Adv.
For the Respondent: Sri.A.Jayasankar Sri.Ashwin Sethumadhavan Spl.PP (Vigilance & Anti-Corruption Bureau Adv. A.Rajesh Sri.Manu Govind Smt.Meera.B Sri.Rahul Surendran Sri.S.Sabarinadh

JUDGMENT :

SHAFFIQUE, J.

1. All these cases are referred to this Court to consider the question relating to the stage at which sanction under section 19(1) of the Prevention of Corruption Act, 1988 (hereinafter referred to as the 'PC Act') is to be taken from the competent authority.

2. The short facts of the cases which we are dealing with are as under:-

WP(C) No. 4389/2014 has been filed seeking to quash Exts.P1, P2 and P3 and to declare that Exts.P2 and P3 are contrary to Sec.19(1) of the PC Act. Ext.P1 in the case is a complaint dated 6/7/2009 submitted by the 4th respondent before the Enquiry Commissioner and Special Judge, Thiruvananthapuram filed under Sections 200 and 190(1)(a) of the Code of Criminal Procedure (Cr.P.C.) inter alia alleging that the petitioner herein was involved in bribery and corruption and therefore he sought to take appropriate action against the petitioner. Pursuant to the said complaint, by Ext.P2 order dated 18/9/2009, the Enquiry Commissioner and Special Judge forwarded the complaint u/s 156(3) of Cr.P.C. to the Director, Vigilance and Anti-Corruption Bureau, Thiruvananthapuram for investigation and report. The Vigilance and Anti Corruption Bureau had r












































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