PAUL VARGHESE Vs. STATE OF KERALA

JUDGEMENT

(1.) Leave granted.

(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Kerala High Court allowing the revision filed by the respondent no.2 in the present appeal who was the petitioner before the High Court. He had questioned correctness of the order passed by the Inquiry Commissioner and Special Judge, Trichoor, by which the prayer for his impleadment as accused in terms of Section 319 of the Code Of Criminal Procedure, 1973 (in short the 'Code') was accepted. By the said order the Trial Court had held that Section 319 of the Code overrides the provisions of Section 19 of the Prevention Of Corruption Act, 1988 (in short the 'Act') and for exercise of power under the former provision, the only conditions required to be fulfilled are set out in sub-section (4) of Section 319 itself. The High Court felt that the view was not sustainable in view of what has been stated by this Court in Dilawar Singh v. Parvinder Singh alias Iqbal Singh and Anr. 2005 (12) SCC 709. Accordingly, the order was set aside.

(3.) In support of the appeal, learned counsel submitted that the view taken by the High Court is not correct as the effect of sub-sections (3) and (4) of Section 19 of the Act has been lost sight of. There was no material to show that absence of sanction in any way occasioned failure of justice. It was also submitted that it is a case where no sanction was necessary because the alleged act did not form part of any official duty. There is no appearance on behalf of respondent no.2 in spite of service of notice.