Quashment of FIR denied due to sufficient evidence indicating petitioner's involvement in fund misappropriation.

ORDER

This Criminal Miscellaneous Case has been filed by the petitioner under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023 and the prayer herein is as under:

“To quash the criminal proceedings initiated against the petitioner in F.I.R.No.12 of 2024 of Vigilance and Anti-Corruption Bureau, Malappuram and it is accordingly prayed for.”

2. Heard the learned counsel for the petitioner as well as the learned Public Prosecutor, in detail. Perused the records placed by the learned counsel for the petitioner as well as the statement filed by the Inspector of Police, Vigilance and Anti- Corruption Bureau (VACB), Malappuram, dated 05.06.2025.

3. In this case, the prosecution alleges commission of offences punishable under Section s 13 (1)(c) and (d) r/w Section 13(2) of the Prevention of Corruption (Amendment) Act, 2018 (for short, 'the PC (Amendment) Act, 2018' hereinafter) as well as under Sections 406 , 409, 420 and 120B r/w Section 34 of the Indian Penal Code (for short, 'the IPC ' hereinafter), by the accused persons.

4. In this matter, the prosecution allegation is that, the 1^st accused, who had served as the District Mission Coordinator at the Kudumbasree Malappuram District Mission office, along with the 2^nd accused, who was the then member of the secretarial staff, and accused Nos.3 to 6, who were Assistant District Mission Coordinators during the period from 2012 to 2016, misused their official positions by criminally conspired together and in furtherance of criminal conspiracy, misappropriated Rs.43,03,116/- (Rupees Forty Three Lakh Three Thousand One Hundred and Sixteen only), which is the plan fund allocation to various Kudumbasree units for the year 2009-2010. The internal enquiry team calculated the total loss at Rs.2,89,69,550/- (Two Crore Eighty Nine Lakh Sixty Nine Thousand Five Hundred and Fifty only), considering 18% penal interest for the period from 2012 to 2022. So, it is ascertained through the enquiry that a loss of Rs.2,89,69,550/- to the State Government exchequer. In this case, initially, FIR was registered on 24.11.2022 by the Malappuram Police, as Crime No.1187/2022, on the basis of a complaint filed by the former District Mission Coordinator, Jafar K.Kakkoth, alleging commission of offences punishable under Sections 406 , 409 and 420 r/w Section 34 of the IPC . During investigation, it was further revealed that offences under Section s 13 (1)(c) and (d) r/w Section 13(2) of the PC (Amendment) Act, 2018, were also attracted. Accordingly, the Vigilance and Anti- Corruption Bureau, Malappuram, registered Crime No.12/2024 and took up further investigation.

5. While seeking quashment of the FIR registered against the petitioner herein/3^rd accused, specific contention raised by the learned counsel for the petitioner is that, the petitioner worked in Kudumbasree unit, Malappuram District, during the period between 03.12.2011 to 02.12.2015. According to the learned counsel for the petitioner, the alleged misappropriation in this case pertains to the period between 2005 and 2010. However, from the statement showing withdrawal of money, produced along with this Crl.M.C., it can be gathered that the withdrawals were made between 22.05.2009 and 27.10.2011, i.e., before the accused had joined. Thus, prima facie, none of the offences would attract against the petitioner. It is also submitted that, on account of the pendency of the crime originally registered in 2022, the petitioner was recommended for suspension. It is further submitted that the promotion of the petitioner would also stand affected. According to the learned counsel for the petitioner, in this matter, prima facie, nothing available to implicate the petitioner as an accused and therefo