P RAGHUTHAMAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The question which arises for consideration is whether before registering a crime on the basis of a private complaint forwarded to the Vigilance Special Cell for investigation under S. 156(3), Cr. P.C. from the Court of the Enquiry Commissioner and Special Judge, Vigilance, is it mandatory that the Vigilance Special Cell has to conduct a preliminary enquiry.

(2.) The petitioner is the accused in a Crime registered by VACB Special Cell, Kozhikode. The above crime was registered by the Superintendent of Police, VACB, Special Cell, Kozhikode on the basis of a complaint forwarded from the Court under S.156(3) Cr. P.C. for investigation. The private complaint was given by the second respondent in the Court of the Enquiry Commissioner and Special Judge, Vigilance, Kozhikode and it was from that Court, it was forwarded to the police for investigation. At the time of registering the crime, Annexure B FIR was prepared by the Superintendent of Police.

(3.) The allegation against the petitioner is that he had amassed wealth disproportionate to his known source of income since January, 1990 while he was working in various posts in the Public Works Department. Crime was registered alleging commission of offences punishable under S. 13(2) read with S. 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act"). This Crl. M.C. is filed for quashing Annexure-A complaint, Annexure-B, FIR and all further proceedings in Crime No. 1 of 1999 of the VACB Special Cell, Kozhikode.