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HIGH COURT OF KERALA
P.G. AJITHKUMAR, J
E.M. ABDUL AZEEZ – Appellant
Versus
STATE OF KERALA – Respondent
ORDER :
The petitioners are the accused in C.C.No.12 of 2021 pending before the Court of Enquiry Commissioner and Special Judge, Kozhikode (crime No.4/2015/NRK of the Vigilance and Anti-Corruption Bureau, Kozhikode). They seek to quash the proceedings in C.C.No.12 of 2021.
2. Heard the learned Senior Counsel, appeared on instructions, for the petitioners, the learned Senior Public Prosecutor and the learned Special Public Prosecutor (Vigilance).
3. The offences alleged against the petitioners are punishable under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (PC Act) and Sections 120B and 465 of the Indian Penal Code, 1860 ( IPC ). The 1st petitioner was the Secretary of Ramanattukara Grama Panchayat from 15.12.2011 to 17.12.2014. The 2nd petitioner was the Assistant Engineer, LSGD Section, Ramanattukara Grama Panchayat during the period from 10.08.2012 to 06.08.2015. The 3rd petitioner was an L.D.Clerk at the Ramanattukara Grama Panchayat. The 4th petitioner was the Assistant Engineer, LSG Department, Ramanattukara Grama Panchayat during the period from September, 2009 till May, 2012. The 5th petitioner owned a building within the local limits of
Valid sanctions under the Prevention of Corruption Act were obtained for prosecution, and previous sanction under the Panchayat Raj Act was not required for the alleged offences.
Mandatory requirement of previous sanction for prosecution under the Prevention of Corruption Act and the effect of retirement on prosecution when sanction is refused during the public servant's serv....
Cognizance of conspiracy does not negate the requirement for sanction under the Prevention of Corruption Act when the accused is involved in the commission of the main offence.
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
Cognizance of offences against public servants under the Prevention of Corruption Act requires prior sanction from a competent authority, which cannot be substituted by sanction from a State Governme....
Accused public servants require prosecution sanction under Section 197 of CrPC; such issues should be resolved at trial rather than during discharge motions.
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....
Cognizance of offences against public servants requires prior sanction under Section 197 CrPC and Section 19 of the Prevention of Corruption Act, failing which the cognizance is illegal.
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