Accused's involvement in falsified admissions validates dismissal of discharge petition under preventive corruption statutes.

ORDER

This criminal revision petition has been filed by the sole accused in C.C. No.32/2025/KLM (VC 1/13/KLM) on the files of the Enquiry Commissioner and Special Judge, Kollam challenging order dated 12.12.2025 in Crl.M.P. No.20 of 2025, by which the learned Special Judge dismissed the application for discharge.

2. Heard the learned Counsel appearing for the revision petitioner and the learned Special Public Prosecutor in detail.

3. The necessary facts in this case as alleged by the prosecution could be seen from the statement filed by the 2^nd respondent which read as under;

“2. It is submitted that the FIR in VC-01/2013/KLM was registered at V.A.C.B Unit, Kollam on 17.01.2013 following a Quick Verification conducted by V.A.C.B Unit, Kollam on the basis of the direction of the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram dated 12.10.2012 in Crl. M.P No. 761/2012 which was filed before the Court by one Lalji from Karunagappally (CW-1 in CC 32/2025) raising serious allegations of official irregularities and malpractices in Sree Bala Bhattaraka Vilasam Sanskrit Government Higher Secondary School (hereinafter mentioned as SBVSGHSS), Panmana Manayil, Chavara. The above case was registered initially against three accused persons, namely Sri. T. Radhakrishnan (A1), Sri. M. Raja (A2) and Smt. M. Nageena (A3), who were holding the charge of Deputy Headmaster, Headmaster and Headmistress respectively at different tenures during the period from 2005 to 2010. One of the allegations in the FIR was that the accused hatched criminal conspiracy for illegally maintaining the roll strength of the school above 1500 by making false records showing fake admissions of students during 2008-2009 with intention to retain the designation of the revision petitioner as Deputy HM and thereby to gain illegal monetary gain. There were also other allegations of misappropriation in the FIR against the accused in connection with disposal of valued answer sheets as scrap, collection and remittance of Special Fees during the above period and in connection with the construction of new class rooms for the school specifically against Smt. M. Nageena (A3) during her tenure.

3. It is submitted that only the allegation with regard to bogus admissions of students was proved on investigation and only the revision petitioner(A1) herein was found liable for the criminal acts in connection therewith and that he alone was benefitted by the outcome of the same. So Sri. M. Raja (A2) and Smt. M. Nageena (A3), who were arraigned as accused in the FIR were exempted as the offences alleged against them could not be proved. Final Report was submitted against the Revision Petitioner alone before the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram U/s 13 (1) (d) (ii), 13 (1) (c) of P.C Act and Sections 465 , 468 and 471 of the IPC on 23.12.2020 and the case was numbered as C.C. No. 1/2021 of Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram. Later the above case was transferred to Court of Enquiry Commissioner and Special Judge, Kollam and now the case is pending as CC 32/2025.

4. It is submitted that as per G.O (MS) No. 397/95/G.Edn, dated 05.08.1995 and G.O (MS) No. 598/95/G.Edn dated 27.12.1995, the post of Senior in the Assistants Government/Aided High Schools, where more than 1500 pupils would be studying, was re-designed as Deputy Head Master. In this case, the Revision Petitioner was admittedly the Senior Assistant of the school and as such he was designated as the Deputy HM from 2007-2008 on the strength of the above G.Os. Accordingly, he had been enjoying the said position as Deputy H.M till January, 2009 and thereby drawing the special allowance of Rs:200/- per month allotted against the said post.”

4. The petitioner filed discharge p