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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN
Anaz M.A. S/o A.M. Abdulbari – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. petitioner seeks relief from the court. (Para 2) |
| 2. arguments on legality of investigation proceedings. (Para 3 , 5) |
| 3. court’s observations on necessary sanctions under law. (Para 4 , 6) |
| 4. final decision on the legal standing of the previous orders. (Para 7) |
JUDGMENT :
A. BADHARUDEEN, J.
1. This Original Petition has been filed by the petitioner seeking the following reliefs:
(i) Call for the records relating to Exhibits P3 order and P4 FIR and to quash Ext.P3 order of the Enquiry Commissioner & Special Judge (Vigilance) Muvattupuzha dated 08.06.2022 in CMP 29A/2020 and Ext.P4 FIR registered by the 2nd respondent.
(ii) Such other order or direction as this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case.
(iii) The petitioner may be permitted to dispense with the filing of the translation of the vernacular documents.”
2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor. Also heard the learned counsel appearing for the 3rd respondent, who is the complainant in CMP 29A/2020 on the files of the Enqiry Commissioner and Special Judge (Vigilance), Muvattupuzha, detail.
3. It is pointed out by the learned
The Special Judge cannot order an investigation against a public servant under Section 156(3) Cr.P.C. without a valid sanction under Section 19 of the PC Act.
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The sanction contemplated in Section 197 of the Code concerns a public servant who is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge o....
The main legal point established in the judgment is the interpretation of Section 156(3) of the Cr.P.C. and the powers of a Special Judge in treating applications under Section 156(3) as complaint ca....
The Special Court under the Scheduled Castes and Scheduled Tribes Act can directly invoke Section 156(3) of the CrPC for registration of FIRs if preconditions of Sections 154(1) and 154(3) are met.
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 main legal point established in the judgment is that under the Prevention of Corruption Act, the court cannot take cognizance of offences against a public servant without the previous sanction of....
Direction for Police Investigation – Option to direct registration of case and its investigation by police should be exercised where some “investigation” is required, which is of a nature that is not....
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