MANOJ.C Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the accused in the case C.C.No.139/2016 pending in the Court of the Enquiry Commissioner and Special Judge, Thalassery.

(2.) The prosecution case is that, the petitioner, while employed as an electricity worker in the section office of the Kerala State Electricity Board (KSEB) at Nellikunnu in Kasaragod District, demanded and obtained a total amount of Rs.4,500/- as illegal gratification from one V.V.Sabu, for not reporting the irregularities found in the electric meter installed in his house and thereby the petitioner committed the offences punishable under Sections 7 and 13(1)(d) of the Prevention of Corruption Act, 1988 (for short 'the Act').

(3.) The Executive Engineer of the Electrical Division, Kasaragod, who had issued Annexure-B order granting sanction for prosecution against the petitioner, was examined as PW14 by the prosecution during the trial of the case. Then, he gave evidence that it was the Chief Engineer who had power to remove the petitioner from service. On the basis of this statement made by PW14 in the trial court, the petitioner has filed this application under Section 482 Cr.P.C for quashing the entire proceedings in the case pending against him in the trial court.