IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 12^TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947 CRL.MC NO. 2859 OF 2025 CRIME NO.18/2016 OF VACB, KOZHIKODE IN C.C. NO.13 OF 2023 ON THE FILES OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE), KOZHIKODE PETITIONER/4TH ACCUSED:

DR. P.A. NAZAR AGED 58 YEARS (WRONGLY SHOWN AS DR. ABDUL NAZAR P.A. IN THE FINAL REPORT), S/O. MUHAMMED HAJI, MANAGING DIRECTOR, AL IRSHAD CHARITABLE SOCIETY, RESIDING AT 'AEROBIC', KARAD, FAROOK COLLEGE POST KOZHIKODE DISTRICT, PIN - 673632 BY ADVS.

SRI.P.K.SURESH KUMAR (SR.)

SHRI.K.P.SUDHEER SHRI.SHERRY M.V.

RESPONDENT/COMPLAINANT:

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, PIN - 682031 SPL PP VACB – SRI.RAJESH A., SR PP VACB – SMT.REKHA S.

THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 20.08.2025, ALONG WITH CRL.M.C.NO.1244/2025, THE COURT ON 12.09.2025 PASSED THE FOLLOWING:

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A. BADHARUDEEN FRIDAY, THE 12^TH DAY OF SEPTEMBER 2025 / 21ST BHADRA, 1947 CRL.MC NO. 1244 OF 2025 CRIME NO.VC 18/2016 OF VACB, KOZHIKODE IN C.C. NO.13 OF 2023 ON THE FILES OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE), KOZHIKODE PETITIONER/3RD ACCUSED:

ABDUL SALEEM M.

AGED 46 YEARS *(S/O. POKKAN), RESIDING AT MURATTUMMAL HOUSE, PADANILAM, KUNNAMANGALAM P.O, KOZHIKODE, PIN – 673570 *S/O POKKAR (THE NAME OF THE FATHER OF THE PETITIONER IS CORRECTED AS “POKKAR” INSTEAD OF “POKKAN” AS PER THE ORDER DATED

23.09.2025 IN CRL.M.A.NO.2 OF 2025 IN CRL.M.C.NO.1244/2025)

BY ADVS.

SRI.R.SUDHISH SMT.M.MANJU SHRI.MITHUN P.

SMT.MERIN THOMAS RESPONDENT/COMPLAINANT (STATE):

STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, PIN - 682031 THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON

20.08.2025, ALONG WITH CRL.M.C.NO.2859/2025, THE COURT ON 12.09.2025 PASSED THE FOLLOWING:

COMMON ORDER

Dated this the 12^th day of September, 2025 Crl.M.C. No.1244 of 2025 has been filed under Section

528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred as ‘BNSS’ for short] by the 3^rd accused in C.C. No.13/2023 on the files of the Court of the Enquiry Commissioner and Special Judge, Kozhikode, arose out of Crime No.VC 18/2016/KKD of VACB, Kozhikode Unit, seeking quashment of Annexure.A1 Final Report and all further proceedings as against him, in the said case.

2. Crl.M.C. No.2859 of 2025 is at the instance of the

4^th accused in the same case, seeking quashment of all further proceedings as against him, in the said case.

3. Heard the respective counsel for the petitioners as well as the learned Public Prosecutor, in detail. Perused the prosecution records as well as the records produced along with these petitions.

4. Parties in these petitions shall be referred as ‘accused/petitioners’ and ‘prosecution’, hereafter.

5. The prosecution case is that, 1^st accused, who served as the secretary of Farook Grama Panchayat from 22.08.2011 to 03.07.2013 and the 2^nd accused, who held the same position from 30.07.2014 to 05.08.2015, and the 3^rd accused who was serving as the Assistant Engineer in the said Grama Panchayath from December, 2011 to October, 2012, along with the 4^th accused, who was the Managing Director of Irshad Charitable Society, have conspired together to build a nursing college without proper building permit and accused 1 and 3, without any public interest and without complying the legal procedures, violated the building rules and the 3^rd accused has recommended the construction of the building without inspecting and examining the width of the road required as per the rules. Further allegation is that, the 1^st accused without proper inspection and contrary to the order of this Court to give provisional building number, have provided a permanent building number and the 3^rd accused has also not collected the required building Tax and caused wrongful loss to the government and wrongful gain to the 4^t