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Sreekumar – Appellant
Versus
State of Kerala – Respondent
ORDER :
1. The challenge in this Crl. M.C. is to the common order dated 17.06.2022 in Crl. M.P. Nos. 60 and 318 of 2021 passed by the Court of the Enquiry Commissioner and Special Judge, Kottayam.
2. The petitioner filed a complaint as Crl. M.P. No. 60 of 2021 before the Special Judge, arraying respondent Nos. 2 to 10 as accused, alleging that they illegally collected capitation fee for admitting students to Nazareth Pharmacy College run by the Nazareth Ashramam Society. The petitioner alleged that respondent Nos.2 to 10discharge public duty, and hence, they fall within the purview of 'Public Servant' as defined under Section 2(viii) of the Prevention of Corruption Act, 1988 (hereinafter referred to as ‘the PC Act 1988’). The petitioner alleged that respondents 2to 10 committed offences punishable under Section13 of the PC Act 1988, Sections 406 and 409 of the IPC and Section 5 read with Section 15 of the Kerala Professional Colleges or Institutions (Prohibition of Capitation Fee, Regulation of Admission, Fixation of Non-Exploitative Fee and Other Measures to Ensure Equity and Excellence in Professional Education) Act, 2006. The petitioner requested the Special Judge to order investi
Prior sanction is mandatory for investigating public servants under the Prevention of Corruption Act, distinguishing between investigation and cognizance stages.
A private complaint against a public servant for corruption requires prior sanction under Section 19 of the Prevention of Corruption Act, 1988, regardless of the complaint's stage.
Bare perusal of Section 17A of P.C. Act would indicate bar for enquiry, inquiry or investigation into an offence under the P.C. Act is on the Police Officer.
The sanction contemplated in Section 197 of the Code concerns a public servant who is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge o....
Point of Law : High Court was absolutely right in setting aside the order of the Special Judge. Unlike Section 19 of the PC Act, the protection under Section 197 CrPC is available to the public serva....
It is well settled law that if a judgment is referred to a larger Bench, proposition of law so enunciated in judgment does not lose its efficacy and it continues to remain a binding precedent till ov....
Prior sanction under Section 197 CrPC and Section 19 PC Act mandatory before directing investigation under Section 156(3) CrPC or registering FIR against public servant for official duty acts; absenc....
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