E.K.RAVEENDRANATHAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl.M.C has been filed to quash charge Sheet/Final Report in C.C.No.944 of 2016 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram.

(2.) According to the petitioner, initiation of the criminal prosecution against him is to wreck the personal vendetta of the then chairman of the Kerala State Co-operative Union, Thiruvananthapuram (hereinafter referred as the Union), Sri. E.Narayanan. Petitioner was working as Junior Auditor in the office of Assistant Director, Thiruvananthapuram in the Department of Co-operation, Government of Kerala. Upon his willingness, he has been posted on deputation in the Union as Assistant Publicity Officer. On taking charge of the said post, Secretary of the Union entrusted duties of Editor of Kerala Co-operative journal upon the petitioner. The Union had issued an order detailing the manner in which Kerala Co- operative Journal to be published and the manner of determining the number of copies required etc. After his joining as Assistant Publicity Officer, he claims that Co-operative journal has improved tremendously. His wife is working in Drugs Testing Lab of the Government of Kerala. Petitioner and family are entitled for medical reimbursement and towards treatment of the wife, petitioner submitted application for reimbursement of medical expenses. On complying the procedure as usual, orders were issued granting medical reimbursement for Rs.29,497/- and also Rs.4,850/-. While so, the then chairman of the Union Sri. E.Narayanan asked the petitioner to prepare a bio data to obtain Padma award which was sent to the then Minister for Human Affairs. But the bio data was not considered. Thereafter E.Narayanan got his bio data prepared through somebody and handed over to the petitioner for forwarding it to the Government. On scrutiny by him, it was found that the honorary doctorate from Maithily University, Bihar is fake. So the petitioner refused to forward the second bio data got prepared by the chairman. Again another bio data was got prepared by E.Narayanan and submitted to the petitioner. In that he claimed to have obtained Ph.D from the Western Kennedy University. On verification by the petitioner it was also found to be an unrecognized University. So the petitioner refused to forward the said bio data also to the Government and the bio data was returned to E.Narayanan. He could not secure the award in 2012. From that period onwards E.Narayanan, the then chairman was maintaining an inimical attitude towards the petitioner and as an offshoot, he filed a complaint alleging that the petitioner submitted forged documents for claiming medical reimbursement for his treatment and file with respect to that was stolen by him. As instructed by E.Narayanan, the then General Manager submitted a complaint. On the basis of the same, out of political pressure, harassment started. Another allegation also raised as part of harassment to the effect that in respect of printing of co-operative journals, petitioner committed irregularity in giving orders for printing 11900 copies of the journal in the place of Rs.8,600/- and hence additional amount of Rs.35,000/- every month has to be paid to the printing press for 18 months. Raising all those the then chairman filed another complaint to the Director of vigilance and Anti Corruption. In spite of all these, the Managing committee extended the term of the petitioner in the Union for a further period of one year from 22.6.2012. On the basis of the complaint forwarded, a crime was registered as 548/2012 under Sec.420, 409, 468, 471, 380 IPC against the petitioner. Thereafter when there was attempt to arrest the petitioner, he filed Crl.M.C.5144/2014 and the arrest of the petitioner was stayed. From the very beginning, the police conducted a farce investigation and ultimately a charge sheet was filed which is now pending as C.C.944/2016 on the file of Judicial First Class Magistrate-III, Thiruvananthapuram. The allegations in the complaint are in respect of acts done by the petitioner in the course of discharge of his official duties. Hence sanction u/s.197 Cr.P.C is mandatory. Hence the case has been filed to quash Annexure-34 charge/final report in crime No.548/2012 of Cantonment police station.

(3.) Notice was issued to the respondent. Respondent appeared through the learned Senior Public prosecutor Sri.D.Chandrasenan. Statement of facts also filed by the Inspector of police, Cantonment police station. Heard both sides.