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IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.BADHARUDEEN
Radhakrishnan M.S., S/o. Sankaran – Appellant
Versus
State Of Kerala, Represented By The Public Prosecutor – Respondent
| Table of Content |
|---|
| 1. background details of the case. (Para 2 , 3) |
| 2. court's analysis on the necessity of prior approval under the pc act. (Para 4 , 10 , 11 , 12) |
| 3. arguments regarding legal procedure and the status of the fir. (Para 5 , 6 , 7 , 8) |
| 4. observations on the actions of the grama panchayath and the petitioner. (Para 13 , 14) |
| 5. conclusion on denying the quashment of the fir. (Para 15 , 16) |
ORDER :
A. BADHARUDEEN, J.
1. This criminal miscellaneous case has been filed underSection 528 of the the Bharatiya Nagarik Suraksha Sanhita , 2023 (hereinafter referred to as ' BNSS ' for short), by the 2nd accused in VC No.11/2022/TSR of the Vigilance & Anti-Corruption Bureau (VACB), Thrissur, seeking the following prayers.
“(i) Call for the original records related to the investigation of VC 11/2022/TSR from the 2nd respondent, peruse those records and quash/set aside as illegal and unjustifiable Annexure-6 (Vigilance Enquiry Report in VE No.7/2021/TSR) and Annexure-5 (FIR in VC No.11/2022/TSR of the Vigilance & Anti-Corruption Bureau, Thrissur) and all further proceedings thereon;
(ii) To allow the costs of these proceedings to the petitioner;
(iii) To issue such other order, or direction as
The necessity of prior approval under Section 17A of the Prevention of Corruption Act, 2018, was affirmed for investigations involving public servants, thus validating the FIR and ongoing enquiry.
Point of law: Prevention of corruption - where the public servant had abused the office, which he held in the check-up period, but had ceased to hold "that office" or was holding a different office, ....
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 Governor can exercise discretion to grant prosecutorial sanction under Section 17A of the PC Act even against a Chief Minister if the Council of Ministers' advice appears biased.
No prior approval from the competent authority was necessary for investigation into the offence under Section 13(1) (a) of the Act alleged against him.
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/....
Sec. 17-A of the Prevention of Corruption Act requires prior approval for investigations into offenses by public servants only when those offenses are related to their official functions, and such ap....
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