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2024 Supreme(Online)(KER) 26144

HIGH COURT OF KERALA
K. Babu, J
SREEPRAKASH. B., – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
S.SREEKUMAR (SR.)
P.MARTIN JOSE
P.PRIJITH THOMAS
P.KURUVILLA
S.K.SAJU

ORDER

The petitioner, a former Joint Regional Transport Officer is accused No.1 in FIR Nos. 5 of 2021 and 6 of 2021 of VACB, Thrissur. He is alleged to have committed offences punishable under Sections 7(b) and 7A of the Prevention of Corruption Act, 1988 (PC Act for short) r/w Section 34 of the Indian Penal Code in FIR No.5/2021 and Sections 7(b) and 8(i) (ii) of the PC Act r/w Section 34 of the IPC in FIR No.6/2021. He seeks to quash FIR No.5/2021 in Crl M.C.No.6570 of 2021 and FIR No.6/2021 in Crl.M.C.No. 6575 of 2021.

2. Since the allegations in both the crimes are of the similar nature and the grounds urged are common, these Crl.M.Cs are analogously disposed of.

3. Prosecution case in FIR No.5/2021:-

The petitioner while officiating as Joint Regional Transport Offier of Thrissur RTO dishonsestly issued the Registration Certificates of 32 prototype “open vehicles” altering the specifications cited in Sale Certificates (Form No.21), to “closed vehicles” violating Section 52(1) of the MV Act, the decision of the Apex Court in Regional Transport Officer v. K. Jayachandran [2019 KHC 6032] and Circular No.11036/06/2019 MVL dated 28/2/2019 by accepting bribe from Accused No.2, Tenny C.L.

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