K.M. SHAJI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Crl. M.C. has been filed to quash the entire proceedings in Crime No.1/2020 of Vigilance and Anti-Corruption Bureau (VACB), Kannur.

(2.) The petitioner is a former member of the Kerala Legislative Assembly representing Azhikode Constituency in Kannur District from 2011 to 2016. He represented the Indian Union Muslim League party. The VACB, Kannur, registered Annexure A FIR against the petitioner on 18/4/2020 under Sec. 7 and 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (for short, 'the PC Act'), alleging that he accepted a bribe of Rs.25,00,000.00 from the Manager of Azhikode Higher Secondary School, Kannur during 2014-15 as a reward for taking steps to sanction Plus Two Course to the school. The crime was registered following a complaint dtd. 19/9/2017 preferred by one Kuduvan Padmanabhan, a member of Kannur Block Panchayat, to the Chief Minister of Kerala. The Director, VACB, Thiruvananthapuram, ordered to conduct a preliminary enquiry on the complaint. The Deputy Superintendent of Police, VACB, Kannur, conducted a preliminary enquiry and recommended the registration of the crime. As per GO No.41/2020/Vig. dtd. 17/4/2020, the sanction under Sec. 17 A of the PC Act was accorded to register the case. Consequently, Annexure A FIR was registered.

(3.) I have heard Sri.Babu S.Nair, the learned counsel for the petitioner and Sri.Gracious Kuriakose, the learned ADGP representing the VACB. Perused the case diary.