The absence of dishonest intent is crucial for establishing offences under the Prevention of Corruption Act, leading to the quashing of FIR and proceedings due to lack of evidence.

ORDER :

A. BADHARUDEEN, J.

The 4^th accused in C.C.No.1/2015 on the files of the Special Court (SPE/CBI)-III, Ernakulam, arising out of crime No.3E/2014-CBI/SCB/TVM, has filed this Criminal Miscellaneous Case, seeking quashment of Annexure A1 FIR, Annexure A2 final report and all further proceedings thereof in the above case.

2. Heard the learned counsel for the petitioner/4^th accused and the learned Special Public Prosecutor in detail. Perused the records, relevant statements and documents produced.

3. As per the prosecution allegations, which led to filing of charge I to XIV against different accused persons, the specific allegation is that, during June 2011 to December 2012, Shri.K.H.Abdul Majeed (A-1), Shri.K.H. Abdul Salam (A-2), Shri.Murad.E. (A-3), Shri.Sabu.K.S. (A-4), Shri.Geevarghese.E.C.(A-5) and Smt.Krishnakumari.C.R. (A- 6) entered into a criminal conspiracy at Ernakulam to deprive the possession/ownership of Shri.A.K.Nazar, Smt.N.A. Shereefa, Shri.A.K.Noushad and Smt.Smitha @ Shimitha over 40.40 Ares of land in Sy.No.651/8A, B, C (Re.Sy.No: 530/6 Block-V) in Thrikkakara North Village. In pursuance of the criminal conspiracy, Shri.K.H.Abdul Majeed (A-1) and Shri.K.H.Abdul Salam (A-2) prepared a false complaint addressed to the District Collector, Ernakulam, alleging that, 116 cents of land in Sy.No.651/8A, B, C, (Re.Sy.No: 530/6) of Thrikkakara North Village came into the possession of Alungal Bava in the year 1940 under Pattacheet No.2335 from Elangalloor Swaroopam and after a series of transactions, the said land came into possession of Shri.Khader Pillai who is the father of the complainant vide Doc.No.871/1960, that no Pattayam was obtained for the land, despite this as per Settlement Deed No.362 of 1982, TP No.8826 was allotted and land Tax had been remitted in the TP number. It was further alleged that, as per TP Register there are only 12 cents of land in TP No.8826 in Sy.No.852/2 (Re. Sy.No: 472/1) and that, the said TP number is in the name of Shri.Mani, S/o.Vallon. It was further alleged that, as per Co-Relation Register, Re.Sy.TP No.2127 had been derived from TP No.8826 and TP No.8597 for 40.40 ares of land. It was further alleged that, there are only 12 cents of land in TP No.8826 and 49 cents of land in TP No.8597. It was further alleged that, TP Nos.9365, 9366, 9367 and 21007 were derived from TP No.2127. It was also alleged that, the land tax was remitted in the wrong Thandaper number for the land measuring 116 cents received on lease from Elangalloor Swaroopam. It was requested to cancel the TP numbers which were wrongly allotted from Thrikkakara North Village Office and also to stop further transactions in the disputed land. The said complaint was signed by Shri.Abdul Salam (A-2) and submitted at Collectorate, Ernakulam on 21.06.2011 by Shri.Abdul Majeed (A-1) accompanied by Shri.Dileep, staff of their brother, Shri.Mohammed Ali.

4. The said complaint was forwarded from the Collectorate Ernakulam to Addl. Tahsildar, Kanayannoor Taluk Office and the same was collected by Shri.Abdul Majeed (A-1) and delivered to Addl. Tahsildar, Kanayannoor Taluk Office and the same was forwarded to Village Officer, Thrikkakara North Village Office from Kanayannoor Taluk Office with direction to conduct an enquiry and furnish a report. The same was collected by Shri.Abdul Majeed (A-1) and delivered to Shri.Sabu K.S. (A-4) on the same day, i.e. 21.06.2011. In furtherance of the criminal conspiracy, Shri.Abdul Majeed (A- 1) requested Shri.Sabu.K.S. (A-4) to give a favourable report on the complaint and Shri.Sabu.K.S. a