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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.Badharudeen
State Of Kerala, Represented By The Additional Public Prosecutor – Appellant
Versus
Thomas Mathew G., S/O. N. J. Mathai – Respondent
| Table of Content |
|---|
| 1. allegations of conspiracy to misappropriate funds. (Para 4 , 5 , 19) |
| 2. debate over discharge of the 2nd accused. (Para 6 , 9 , 10 , 22) |
| 3. court's examination of complete evidence. (Para 8 , 11 , 20 , 21) |
| 4. clarification on prosecution requirements. (Para 12 , 23) |
| 5. final ruling decision. (Para 24) |
ORDER :
A. Badharudeen, J.
This revision petition has been filed under Sections 397 and 401 of the Code of Criminal Procedure, 1973 , at the instance of the State of Kerala, aggrieved by discharge of the respondent, who is arrayed as the 2nd accused in C.C. No.158 of 2016 on the files of the Court of the Enquiry Commissioner and Special Judge, Thalassery, as per the order dated 26.09.2018 in C.M.P. No.15 of 2016 in the above case.
2. Heard the learned Public Prosecutor representing the State of Kerala and the learned counsel appearing for the respondent, in detail. Perused the order impugned and the decisions placed by both sides.
3. Parties in this criminal revision petition shall be referred as ‘prosecution’ and ‘1st, 2nd and 3rd accused’, hereafter.
4. In this matter, the prosecution case is that, the 1st accused conspired and colluded with the 2nd accused, who has been wo
Prosecution of public servants for corruption does not require sanction when actions are not related to official duties.
At the stage of framing charges, the court is required to evaluate whether there is a ground for presuming that the offence has been committed, without delving into the probative value of the materia....
Prosecution must establish prima facie evidence of pecuniary loss to the government or gain to the accused for misappropriation charges under the P.C. Act.
The court ruled that actions not performed in discharge of official duties, including abusive conduct and forgery, do not require sanctions for prosecuting public servants under Section 197 of Cr.P.C....
Sanction under Section 197 of Cr.P.C. is necessary for prosecuting public servants only when the alleged offences are committed in discharge of official duties.
Point of Law : Criminal Conspiracy and Cheating - prosecution was also fully aware of need for getting sanction. Still petitioners are being proceeded against without sanction, for reason that they h....
Public servants can be charged with conspiracy and misappropriation for fraudulent actions under specific schemes without a need for prior sanction after retirement, if substantial evidence supports ....
Public servant needs protection from prosecution under IPC only if acts are connected to official duties; lack of nexus and undue delay infringes the right to a speedy trial.
Prior sanction is mandatory for prosecuting public servants under the Prevention of Corruption Act and Section 197 Cr.P.C.
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