RAGHAVAN K. Vs. STATE OF KERALA

JUDGEMENT

(1.) About some decades ago, a Lower Division Clerk of Office of the Superintendent of Survey and Land records was brought to law on a complaint made by the Assistant Director of Survey and Land Records before the Sub Inspector of Police. As per the allegations in the complaint, appellant, while working as a Lower Division Clerk in the office of the Superintendent of Survey and Land Records, misappropriated Government fund by drawing excess amount from the treasury by preparing certain documents and claiming the amount from the treasury.

(2.) The allegation is that appellant has drawn excess amount than what is due to the employees and without disbursing the full amount, he misappropriated various amounts. A total amount to the tune of Rs.23,002/- over a period of about two years from February, 1998 to May,1990 was misappropriated. FIR was registered at the local Police Station as Ext. P63 on 09/07/1990 and investigation commenced at the local Police Station. Thereafter the case was transferred to Vigilance Department, since it involved corruption by public servant. A preliminary enquiry was conducted by Vigilance Department and thereafter Ext. P65 FIR was registered on 13/08/1991.

(3.) Investigation continued for some time and on finding that as per the Government order, cases involving corruption of amounts less than 25,000/- can be investigated into by local police, the case was again re - transferred to the Police Station within which crime was originally registered. Investigation was continued by local police. Specimen handwriting was taken from the accused. It was sent for expert opinion. On completion of investigation, charge - sheet was laid by Circle Inspector of Police of the local Police Station against appellant alleging offence under S.13(1)(c), S.13(2) of Prevention of Corruption Act ('P.C. Act' for short) and S.409 and S.477(A) of Indian Penal Code ('IPC' for short).