JOSEPH MATHEW Vs. NEYYATTINKARA P. NAGARAJ AND ORS.

JUDGEMENT

(1.) THE second accused in Crl.M.P. No. 998/2012 in V.C. No. 9/2004 of Enquiry Commissioner and Special Judge, Thiruvananthapuram, is the petitioner herein.

(2.) IT is alleged in the petition that the petitioner was arrayed as the second accused in V.C. No. 9/2004 on the file of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, which was a case suo motu registered by the VACB Special Investigation Unit, Thiruvananthapuram alleging commission of the offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and Section 120B of the Indian Penal Code. The crime was registered on 6.11.2004.

(3.) THE second respondent had conducted a detailed investigation and during investigation it was revealed that loss sustained to the Government cannot be quantified or it is not possible to determine the loss since Government of India had not fixed any amount payable to the Government. The precise allegation against the petitioner, who is the second accused, was that he enhanced the period of erection of sign boards and period of contract without getting approval from the Government. After completion of the investigation, factual report was submitted before the Government seeking sanction to prosecute the petitioner and the Government had declined sanction and Annexure -B final report was filed by the second respondent before the Special Judge requesting to drop further action in this regard. The first respondent had filed Crl.M.P. No. 998/2012 for rejecting the report and ordering further investigation and after considering the materials on record, the Special Judge has passed Annexure -C order directing further investigation in the matter. This order is being challenged by the petitioner by filing this petition under Section 482 of the Code of Criminal Procedure (hereinafter referred to as 'the Code') to quash the order.