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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Saji V John, S/o.John – Appellant
Versus
State Of Kerala – Respondent
| Table of Content |
|---|
| 1. filing of crl.m.c. under section 528. (Para 2) |
| 2. allegations of corruption and misappropriation. (Para 5 , 6) |
| 3. background of the cases arising from the same crime. (Para 7) |
| 4. arguments regarding investigation transfer and jurisdiction. (Para 8 , 10) |
| 5. court's observations on the investigation and discharge petitions. (Para 9 , 12 , 13) |
| 6. procedural justifications for transfer of investigation. (Para 11 , 14) |
| 7. conclusion and dismissal of petitions. (Para 15) |
ORDER :
A. BADHARUDEEN, J.
Crl.M.C.No.10650/2024 has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 and the petitioner is the 2nd accused, Sri.Saji.V.John in C.C.No.70/2016 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Kozhikode. The prayers are as under:
1. Quash the Final Report 1/15 dated 23/01/2015 on FIR VC 8/2005/MPM dated 18/08/2005 and all further proceedings, which is now pending as CC 70/2016 before the Court of Enquiry Commissioner and Special Judge Kozhikode and all further proceedings pursuant it.
2. To set aside the order dated 13-09-2021 in CMP.150/2021 in C.C.70/2016 and C.C.71/2016.
2. The same petitioner, Sri.Saji.V.John, who is arrayed as
Public servants cannot abuse official positions for personal gain; procedural requirements for investigations must be strictly adhered to, particularly regarding FIR transfers.
Point of Law : Fair investigation and fair trial are concomitant to preservation of fundamental right of an accused under Article 21 of Constitution of India - But State has a larger obligation i.e. ....
Sanction for prosecution must be obtained from a competent authority; failure to do so invalidates the proceedings.
Protest petition is an adequate remedy before Special Court while considering transfer of investigation.
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