THOMAS A.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) The tenth accused in Annexure Al FIR No. VC 4/2013 of VACB Unit Ernakulam, who is a lawyer practising in this Court, is the petitioner herein. In this petition filed under Section 482 of the Criminal Procedure Code (for short 'the Cr.P.C '), he challenges Annexure Al FIR in VC 4/2013 of Vigilance and Anti Corruption Bureau, Ernakulam Unit filed' before the court of Enquiry Commissioner and Special Judge, Thrissur and all further proceedings thereto

(2.) The allegation in the FIR is that accused Nos.l to 10, who are public servants and office bearers of the Kerala Cricket Association (hereinafter referred to for short as 'the KCA' only), which is a society registered under the Travancore Cochin Literary Scientific and Charitable Societies Registration Act, 1955, have conspired with accused Nos.l 1 to 16, with the motive of illegal monetary gains, in the matter of purchase of 23.95 Acres of land at Edakochi in Ernakulam District for construction of stadium and executed sale agreements by suppressing the actual price and showing higher price and caused loss to the Association and thereby, misused their public offices and accordingly, the accused committed the offences punishable under Sections 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act. (hereinafter referred to for short as 'the P.C.Act") and Section 120B of the Indian Penal Code (for short as 'the I.P.C). The second respondent. the Deputy Superintendent of Police. Vigilance and Anti Corruption Bureau, Ernakulam Unit registered the above FIR. allegedly after conducting a preliminary inquiry on the receipt of the complaint under Section 156(3) of the Cr.P.C. from the court below, which is preferred by one Joy Kaitharath, General Secretary. State Human Rights Protection Centre. Thrissur. and taker. on file as CMP No.792 of 2011 by the Court of Enquiry Commissioner and Special Judge, Thrissur. Annexure A9 is the above referred complaint. In short, the subject matters off Annexure A9 complaint and Annexure A1 FIR are connected with the A1leged conspiracy entered into by accused Nos.1 to 10, who are officiA1s of the KCA and public servants, with accused Nos.ll to 16 with regard to the purchase of 23.95 Acres of land at Edakochi on 6.4.2009 for the construction of cricket stadium for the KCA. It is the above FIR under chA1lenge in this proceedings, instituted under Section 482 of the Cr.P.C.

(3.) Heard Sri.G.Shrikumar, the learned Senior Counsel for the petitioner, Smt. S. Hyma, the learned Public Prosecutor for respondents 1 and 2 and Sri.C.Unnikrishnan (Kollam), learned counsel appearing for the third respondent/the de facto complainant, who originally filed Annexure A9 complaint.