SIVAPRASAD S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The accused in C.C.No.3 of 2010 pending before the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram is the petitioner herein. The case was originally registered as V.C.2/2000/TVM. After investigation, the Vigilance Department has chosen to file a final report, arraigning the petitioner as the first accused.

(2.) The allegation against the petitioner is that he, while working as Assistant Director of Agriculture, caused to obtain undue pecuniary advantage of 7,90,167/- for a particular firm. The sanction for prosecution was accorded by the Government vide order dated 13.10.2009.

(3.) It seems that, thereafter, proceedings were initiated by the Under Secretary, Vigilance Department, Additional Secretary to Government, Vigilance Department and the Principal Secretary, Home and Vigilance Department for withdrawal of the prosecution under Section 321 Cr.P.C. Annexure A6 recommendation was prepared and the said file was directed to be circulated to the Chief Minister through the Minister of Home and Vigilance. The recommendation was to the effect that in view of a persuasive precedent in a similar matter, which is Annexure A1 judgment passed by a learned Single Judge of this Court in Crl.M.C. No.5308/2004, there could not be a successful prosecution. It was on that ground that the recommendation was made by the aforesaid officers for the withdrawal of the prosecution under Section 321 Cr.P.C.