C.V. BALAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Ext.P6 common order passed by the Enquiry Commissioner and Special Judge, Kozhikode (for short, "the court below ") forwarding the private complaints to the VACB, Kozhikode, for investigation u/s 156(3) of Cr. P.C. is under challenge in this Original Petition.

(2.) Four private complaints with identical allegations were filed by respondents Nos.3 to 6 against the petitioners and several others before the court below, alleging that they have committed the offences punishable under Sec. 468, 471 and 120B of IPC r/w Sec. 7, 8, 10 and 13(1) of the Prevention of Corruption Act, (for short, 'the PC Act').

(3.) The petitioners are the owners of Ashirvad Lawns and M/s Aiswarya Arcade situated at Karaparamba, Kozhikode. They were arrayed as the accused Nos.8 to 11 in all the four complaints. The accused Nos.1 to 4 and 7, the officers of the Kozhikode Corporation, are public servants. The accused No.5 was an officer of the Kozhikode Corporation and has now retired from service. The accused No.6, the Regional Fire Officer, Kozhikode, is also a public servant. The allegation set out in all the complaints is that the petitioners, along with the remaining accused, hatched a criminal conspiracy and, in pursuance of the conspiracy so hatched, put-up construction in wetlands unauthorizedly and illegally and in violation of the Kerala Building Rules. It is further alleged that when the direction was given to the petitioners to demolish the building, corporation officials filed a false report to the effect that the building was demolished though it was not demolished. According to the complainants, the accused committed forgery, falsification of documents and criminal misconduct.