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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
State Of Kerala, Represented By The Additional Public Prosecutor, High Court Of Kerala, Ernakulam – Appellant
Versus
Joseph John, S/o. Anthony Das – Respondent
ORDER :
A. BADHARUDEEN, J.
This Revision Petition is at the instance of State of Kerala represented by the Additional Public Prosecutor, High Court of Kerala, challenging Annexure 1 order, viz. order in Crl.M.P.No.930/2016 in C.C.No.116 of 2016, dated 30.06.2022. The respondent herein is the 3rd accused in the above case.
2. Heard the learned Public Prosecutor, though no representation for the 1st respondent/3rd accused.
3. The prosecution case herein is that accused 1 to 3 committed offences punishable under Sections 409 , 465, 468, 471 and 120B of the Indian Penal Code (`IPC’ for short) as well as under Sections 13 (1)(c) and (d) read with 13(2) of the Prevention of Corruption Act, 1988 (`PC Act, 1988’ for short). Among the accused, the 1st accused was the former Assistant Engineer, Block Development Office, Devikulam, the 2nd accused was the Assistant Executive Engineer, Poverty Alleviation Unit, Idukki and the 3rd accused was the PTA President of Government VHSS, Devikulam. Of them, the 1st accused had died by 03.08.2012 and sanction to prosecute the 2nd accused under Section 19 of the PC Act, 1988 was denied by the competent authority. Therefore, the 3rd accused alone would face t
The Special Judge's jurisdiction to try non-PC offences is contingent on PC Act charges being framed; if no charges are present, a Magistrate must preside over those IPC offences.
Where jurisdiction of a court or a tribunal is dependent on existence of a particular state of affairs, that state of affairs may be described as preliminary to, or collateral to merits of issue. The....
The Special Court loses jurisdiction to try a case if the sole public servant-accused dies before the trial commences, as established in the Prevention of Corruption Act.
The NIA Court has the power to try both IPC and UAPA offences arising from the same transaction, as per the provisions of the NIA Act, UAPA, and CrPC, and established precedents.
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 offences in discharge of o....
The Special Court under the SC/ST Act can try IPC offences, and bail applications are maintainable under Cr.P.C. when not charged under SC/ST Act.
The Special Court under the Scheduled Castes and Scheduled Tribes Act cannot take direct cognizance of offences under the IPC without prior committal by a Magistrate, aligning with the hierarchy of c....
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....
The main legal point established in the judgment is the importance of jurisdiction in trying cases and the constitutional mandate for a speedy trial.
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