HARIDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) THE question which arises for consideration is whether a Criminal Court in which a refer report is filed by the investigating agency can give direction to the investigating agency to file a final report charge sheeting the accused.

(2.) CRIME was registered against the appellant under S.7 and 13(1)(d) read with S.13(2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as "the Act") in the Vigilance Police Station, Malappuram on the basis of a complaint received from one Sulaiman. At that time, the appellant was working as Gynaecologist in the District Hospital, Manjeri, Malappuram District. The petitioner was arrested in connection with the above crime and was produced before the District and Sessions Judge, Kozhikode who was holding additional charge of Enquiry Commissioner and Special Judge, Vigilance, Kozhikode. The petitioner was remanded to judicial custody and he was later released on bail.

(3.) THE Deputy Superintendent of Police, Vigilance and Anti Corruption Bureau, Malappuram submitted final report in the Court of the Enquiry Commissioner and Special Judge saying that further action in the case was being dropped with a request to transfer the First Information Report and connected records to the Vigilance Tribunal, Kozhikode. On receiving such a report, the Enquiry Commissioner and Special Judge directed the Deputy Superintendent of Police to file a final report charge sheeting the case against the appellant. The Deputy Superintendent of Police brought to the notice of the Director, Vigilance and Anti Corruption Bureau the direction given by the Special Judge and the Director made recommendation for prosecution of the appellant after obtaining sanction for prosecution. The Original Petition was filed for quashing Ext. P4 order made by the Enquiry Commissioner and Special Judge directing the police to file charge sheet. The other prayer in the Original Petition is to give a direction to the Enquiry Commissioner and Special Judge to transfer the First Information Report in VC 7/79 of VACB, Malappuram to the Vigilance Tribunal, Kozhikode. The Original Petition was dismissed by the learned Single Judge on finding that there was no reason for quashing Ext. P4 order of the Enquiry Commissioner and Special Judge.