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HIGH COURT OF KERALA
R. NARAYANA PISHARADI, J
JAYAPRAKASH J – Appellant
Versus
THE STATE OF KERALA – Respondent
| Table of Content |
|---|
| 1. accused are public servants alleged of financial misconduct. (Para 1 , 2 , 3 , 4 , 5 , 7) |
| 2. preliminary inquiry not necessarily required before filing fir in corruption cases. (Para 8 , 9 , 10 , 11 , 12) |
| 3. prior approval not required under section 17a when offences are not linked to official functions. (Para 16 , 17 , 18 , 19 , 20) |
| 4. the decision to approve investigations is based on the nature of allegations relating to office functions. (Para 22 , 23 , 24 , 25 , 26) |
| 5. the decision to dismiss the petition affirms the validity of investigations without prior approvals. (Para 34) |
ORDER
The petitioners are officers of the Travancore Devaswom Board. They are accused of committing forgery, misappropriation of money and cheating.
2. The petitioners figure as accused 1 to 4 in the case registered as VC-02/2021/PTA by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau (VACB), Pathanamthitta under Section 13 (1)(a) read with (2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and also under Sections 420, 468 and 471 of the Indian Penal Code.
3. The first petitioner, who is the first accused in the case, was the Administrative Officer
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