The court upheld the necessity for trial based on serious allegations of conspiracy and manipulation of public records by the accused.

ORDER

Dated this the 27^th day of August, 2025

The 2^nd accused in C.C. No.62 of 2016 on the the Court of the Special Judge (Vigilance), Muvattupuzha, has filed this criminal revision petition under Sections 397 and 401 of the Code of Criminal Procedure, 1973, challenging the order dated 15.12.2023 in Crl.M.P. No.765 of 2019 in the above case, whereby the learned Special Judge dismissed the discharge plea at the instance of the 2^nd accused. The respondents herein are the State of Kerala and the Investigating OfÏcer.

2. Heard the learned senior counsel for the revision petitioner and the learned Public Prosecutor, in detail. Perused the order impugned and relevant materials available.

3. Parties in this criminal revision petition shall be referred as ‘accused’ and ‘prosecution’, hereafter.

4. In this matter, the prosecution case is that, the 2^nd accused had encroached into 1.6.07 Hectors of Government land in Survey No. 148 and 149 of Venadu Tavalam, Chinnakanal Village after having hatched criminal conspiracy with 1^st accused, who was the former Village Assistant and the 3^rd accused. In furtherance of the conspiracy, the first accused had inserted a page in the Tandapper Register of Chinnakanal Village after tearing off the original page and manipulated the Tandaper account No.474 in the name of third accused, which was actually empty, and thereafter received tax on 30-03-2002 from the third accused. Accused Nos. 2 and 3, subsequently also entered into conspiracy with accused No.4, Former Village Assistant, Chinnakanal Village, accused No.5, former Village OfÏcer, Chinnakanal Village and accused No.8, Sub- Registrar, Rajakumary and in furtherance of the same, accused No.8, falsely registered document No.2982/04 of SRO, Rajakumary on 21-12-2004 on the basis of false patta LA 202/1972 in favour of second accused by falsely showing that the land is in Chinnakanal Thavalam. Actually the land was in Venadu Tavalam. The 4^th accused falsely prepared the A form and had effected the pokkuvaravu of the land vide PV 237/04 from the manipulated TP No. 474 of the 3^rd accused in favour of second accused. Thereafter seventh accused, Sub-Registrar, Udumpanchoala illegally registered a rectification deed No.474/06 to substitute the land in Sy. No.1/1 of Chinnakanal Thavalam with Sy. No. 151/1 in the document No. 2982/04 in favour of second accused. The second accused later transferred the land to the name of his son Lejish. Subsequently as part of this illegal transactions, sixth accused being the Village OfÏcer in Chinnakanal Village OfÏce, issued false possession certificate for the above land on 11-01-2007 in favour of the son of second accused and thereby the first accused, and accused Nos.4 to 8 abused their ofÏcial position as public servants and have committed criminal misconduct and breach of trust and obtained pecuniary advantage/valuable thing along with accused 2 and 3. On this premise, the prosecution alleges commission of offences punishable under Section 13 (2) read with 13(1) (c) and (d) of the Prevention of Corruption Act, 1988 [hereinafter referred as ‘P.C. Act’ for short] and under Sections 465, 471, 201 and 120B of the Indian Penal Code, by the accused.

5. The learned senior counsel appearing for the 2^nd accused/revision petitioner argued that, in the instant case, the allegation of the prosecution is that, the 2^nd accused trespassed upon 1.6.07 Hectors of Government land in Survey Nos.148 and 149 of Vanadu Tavalam, Chinnakanal Village, by forging the patta and subsequently by manipulating the Thandaper account No.