PRAKASH Vs. STATE OF KERALA

JUDGEMENT

(1.) These Writ Petitions filed under Art.226 of the Constitution of India are in challenge of orders passed by the learned Enquiry Commissioner and Special Judge, Thiruvananthapuram (for short, 'the Special Judge') under S.156(3) of the Code of Criminal Procedure (for short, 'the Code') directing the Vigilance and Anti Corruption Bureau (for short, 'the V&ACB') to conduct a preliminary enquiry and register a case if materials indicating commission of offences as alleged in the private complaints are disclosed and if not, report the matter to the learned Special Judge. The following questions of law are urged for a decision:

(2.) Some facts are necessary for appreciation of the contentions and decision of the questions raised.

(3.) In WP (C) No. 8472 of 2011, respondent No. 4 filed Ext. P2, complaint against petitioners and two others. Gist of the allegations is that manipulating the admission register of Vanchinadu Housing Co - operative Society (for short, 'the Society'), names of certain persons were incorporated in the said Register to make it appear that they were duly enrolled as members of the said Society and to facilitate that, applications preferred by the real members of the Society were manipulated. Petitioners (public servants connected with the Society) and others did so, for illegal gratification. Respondent No.4 alleged that petitioners and others committed offences punishable under S.120B, S.465, S.468, S.470 and S.471 of the Indian Penal Code (for short, 'the IPC') and S.13 of the Prevention of Corruption Act, 1988 (for short, 'the PC Act'). On receipt of Ext. P2, complaint learned Special Judge passed Ext. P3, order dated March, 30, 2010. Ext. P3, order reads as follows: