M. M. ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) Can a Special Judge exercising jurisdiction under the Prevention of Corruption Act, 1988, direct the investigating agency to obtain sanction under Sec. 19 to prosecute the accused while ordering further investigation under Sec. 173 Cr.P.C? This is the issue that arises for consideration in this petition filed under Sec. 482 of the Code.

(2.) The petitioners are arrayed as accused Nos. 1 to 3 in VC-16/2016/EKM registered by the Ernakulam Unit of the Vigilance and Anti-Corruption Bureau, alleging offences punishable under Ss. 465, 471 & 120-B of the Indian Penal Code and Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 [for short 'the Act, 1988'].

(3.) The prosecution case is that accused No.4 conspired with the petitioners and obtained a bogus location sketch from Arakkapady Village Office and a building permit from the local authority.