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HIGH COURT OF KERALA
R. NARAYANA PISHARADI, J
PRASANNAKUMARAN NAIR,
– Appellant
Versus
STATE OF KERALA – Respondent
Crl.Rev.Pet 1272 2019
Corruption - Criminal Procedure - Prevention of Corruption Act 1988, Sections 13(1)(d), 239 CrPC - Summary: The court addressed the roles of accused in misappropriation of funds under the Prevention of Corruption Act and the provisions regarding discharge under CrPC, affirming the applicability of public servant definition.
Fact of the Case:
The case involved allegations against six accused, including public servants and private individuals, for misappropriating funds from the Kerala State Council for Child Welfare during a camp. Various corrupt practices were alleged, culminating in claims for food supply with inflated figures.
Finding of the Court:
The court concluded that the second accused was a public servant under the Prevention of Corruption Act, given the council's receipt of government funds. Therefore, a prima facie case existed against him. However, the sixth accused was discharged due to insufficient evidence of wrongdoing.
Issues: The main issue was whether the accused could be discharged under Section 239 CrPC in light of allegations under the Prevention of Corruption Act, particularly regarding the status of the second accused as a public servant and the involvement of the sixth accused in the wrongdoing.
Ratio Decidendi: The court emphasized a broad interpretation of 'public servant' under the Prevention of Corruption Act and ruled that the discharge provisions under criminal law do not allow for detailed factual consideration at the pre-trial stage.
Final Decision: Revision petition by the second accused dismissed; petition by the sixth accused allowed and he is discharged.
ORDER
The revision petition, Crl.R.P.No.1272/2019, is filed by the second accused and the revision petition, Crl.R.P.No.1342/2019, is filed by the sixth accused in the case C.C.No.19/2014 pending in the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, challenging the order dated 11.10.2019 passed by that court, by which it dismissed the application for discharge filed by them under Section 239 of the Code of Criminal Procedure, 1973 (for short 'the Code').
2. There are altogether six accused in the case. The offences alleged against them are punishable under Section 13 (1) (d) read with 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and also under Sections 409,465,468,471 and 120B of the Indian Penal Code.
3. Accused 1, 2 and 6 in the case were the General Secretary, Executive Committee Member and the Accounts Officer respectively of the Kerala State Council for Child Welfare (KSCCW) (hereinafter referred to as 'the Council'). Accused 3 to 5 are private persons.
4. The prosecution case against the accused, as stated in the charge-sheet filed by the Vigilance and Anti-Corruption Bureau (VACB) in the Special Court, is as follows:
“That Sunil.C.Kurian (A1) while holding the post of General Secretary of KSCCW as such a public servant connived with Prasannakumaran Nair, Executive Committee Member of KSCCW and the Chairman of Food Committee for the LLT Camp, Abhilash David, V.S.Mathew and L.R.Shine, all are Private Persons and C.S.Jayamohan, the then Accounts Officer of KSCCW as such a public servant, with the object of misappropriating the Council's fund while conducted the LLT Camp, entered into a criminal conspiracy and in furtherance of that conspiracy, Sunil.C.Kurian (A1) invited quotations for the supply of food for 5 days to LLT Camp, L.R.Shine (A5) pretended to be the Manager of a Fictitious Catering Unit 'Cafeteria', submitted the quotation in a forged letter pad of the said unit which was prepared by V.S.Mathew (A4), managed the supply order in favour of Cafeteria a non existed outdoor catering Unit. Then Abhilash David, the A3, opened a Current Account with Indian Bank, Thycadu Branch as the proprietor of 'Cafeteria, An Out door Catering Unit' in a different address. Thereafter A3 to A5 supplied food at the LLT Camp and as against the supply order claimed more money with the help of boosted up number of participants and more days than what was ordered vide the supply order, A2 knowingly recommended those false and boosted up claims and A1 granted those total claims of A3 to A5 and Accounts Officer without any verification and also without obtaining proper vouchers and keeping the records properly released the claimed amount which resulted an undue advantage of Rs.1,43,430/- to A3-A5 which is a correspondent loss to the KSCCW.”
5. Accused 2 and 6 filed separate applications for discharge under Section 239 of the Code in the Special Court. The Special Court considered those applications, along with applications for discharge filed by other accused and passed a common order by dated 11.10.2019, by which it dismissed all the applications.
6. Accused 2 and 6 have filed these revision petitions challenging the aforesaid order passed by the Special Court.
7. Heard the learned counsel for the revision petitioners and also the learned Public Prosecutor.
8. The prosecution case against the accused is narrated with more clarity in the impugned order passed by the Special Court and it reads as follows:
“A1 Sunil.C.Kurien was the General Secretary of Kerala State Council for Child Welfare (hereinafter referred to as KSCCW) and A2 Prasannakumaran Nair was the Executive Committee Member of KSCCW. They connived with A3 to A5 who are private individuals with the object of misappropriating the Councils Fund and in furtherance of that conspiracy, A1 invited quotations for the supply of food for five days to the camp named 'Learn to Live Together' (LLT) held in May 2000. A5 pretending to be the Manag
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