MOHAMMED SHERIFF Vs. STATE OF KERALA

JUDGEMENT

(1.) The 10th accused in C.C. 2/99 on the file of the Enquiry Commissioner and Special Judge, Kozhikode has filed this M. C. to quash the entire proceedings against him.

(2.) On the basis of the charge sheet laid by the Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Palakkad in Crime No. 1/97 the above case is registered against 11 accused persons for the offences punishable under S.120B, 409, 420, 468, 471 and 477A read with 34 of I.P.C. and S.13(1)(d) read with 13(2) of the Prevention of Corruption Act. The prosecution allegation is that the 9th accused, the then Minister of Irrigation, Government of Kerala accused Nos. 1 to 6 and 11 who were the officials in the Irrigation Department and 8th accused, the then Government Secretary in the Irrigation Department entered into a conspiracy with the 7th accused, Contractor of Kuriarkutty Karappara Irrigation Project, abused their official position and collided with the 7th accused for his gaining pecuniary advantage by cheating the Government to the extent of Rs. 57,10,225, violating the norms and conditions and creating false documents and misappropriated the Government money.

(3.) The 10th accused is the son of the 7th accused, contractor. In Annexure B charge sheet laid by the investigating officer before the court the allegation made against the 10th accused, petitioner herein is to the effect that he with the common intention of accused 1 to 9, 11 and 12 during period between 14th July 1995 and 28th June 1996 acted on behalf of the 7th accused and enabled the 7th accused to get pecuniary advantage by cheating the Government to the extent of Rs. 57,10,225 and thereby committed the offences punishable under S.120(b) and 420 read with 34 of I.P.C.