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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
V.J. Kurian, S/o. V.J. Joseph – Appellant
Versus
State Of Kerala, Represented By Public Prosecutor, High Court Of Kerala, Ernakulam – Respondent
| Table of Content |
|---|
| 1. quick verification ordered based on new allegations against the petitioner. (Para 1 , 3 , 4) |
| 2. court observations regarding the necessity and process of the verification. (Para 2 , 6 , 8) |
| 3. need for prior approval for conducting inquiries was discussed. (Para 5 , 9) |
| 4. discussion on the benami transactions and related legislative provisions. (Para 10 , 12 , 14) |
| 5. constitutional powers and requirements for fir registration delineated. (Para 11 , 19 , 20) |
| 6. final order of dismissal of the application and vacating of interim stay. (Para 22 , 26) |
ORDER :
A. BADHARUDEEN, J.
This Criminal Miscellaneous Case has been filed under Section 482 of the Code of Criminal Procedure, 1973, to quash Annexure A2 order dated 18.01.2023 in CMP No.300/2020 passed by the Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha. The petitioner herein is the 1st respondent in the above case.
2. Heard the learned senior counsel for the petitioner/ 1st respondent and the learned Public Prosecutor in detail. Perused the relevant records. Even though the learned counsel for the proposed additional 3rd respondent also appeared to support the order, the impleading petition filed by the add
The court upheld the necessity for quick verification of allegations against a public servant regarding shares under the PC Act, emphasizing the importance of prior approvals as per legislative frame....
Enquiry or Inquiry or investigation of offences decision taken by public servant in discharge of official functions or duties - Once a constitutional court examines and satisfies itself about necessi....
The central legal point established in the judgment is the interpretation and application of Section 17A of the PC Act, 1988, which restricts the requirement of prior approval for initiating enquiry/....
Initiation of criminal proceeding – Absence of approval as contemplated in Section 17A of Prevention of Corruption Act, 1988 for conducting enquiry, inquiry or investigation of offences alleged to ha....
It becomes imperative for authority to apply its mind to what is brought before it, as application of mind is bedrock of any order that an authority passes, failing which, it would be contrary to pri....
Point of law: Prevention of corruption – Good faith - Section 17A of the Prevention of Corruption Act cannot be made applicable in those cases where the act of the public servant that amounts to an o....
The main legal point established in the judgment is the requirement of prior approval for investigation under Section 17A of the Prevention of Corruption Act, 1988, as amended, and its implications f....
Corruption – Investigation - Inquiry is a formal investigation; investigation is a search. Therefore, the act casts an obligation of application of mind upon the authority to consider whether approva....
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