G.MOHANDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, accused No.6 in C.C.No.3/2020 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, seeks to quash the final report in Crime No.3/2009/SIU-1, Thiruvananthapuram. He, along with the other accused, faces charges under Sec. 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 and Sec. 120-B of the Indian Penal Code.

(2.) The prosecution alleges the following:-

(3.) The prosecution in this case was initiated based on a complaint filed by a businessman alleging that the petitioner constructed a four-storeyed building in violation of the building rules. The Vigilance and Anti-Corruption Bureau conducted a surprise check on 5/1/2007. Based on the surprise check report, the Government accorded sanction to conduct a vigilance inquiry into the matter. The inquiry revealed that various officials of the Corporation and the petitioner hatched a conspiracy to facilitate the petitioner to construct a building in violation of the Rules. The investigation revealed offences under Sec. 13(1)(d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 and Sec. 120-B of IPC. The petitioner and the officials of the Corporation were aware of the fact that no permit was required for the internal alterations in the existing building and further that the location where the building is situated was within the area where construction of commercial buildings was prohibited. Of course, the petitioner submitted an application in Appendix-A of the Rules and obtained a permit in Appendix-C of Rule 11(3) of the Rules.