MANEESH E. Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard learned counsel for the petitioner and learned Public Prosecutor.

(2.) Annexure-A4 order passed by the learned Enquiry Commissioner and Special Judge, Kozhikode, is under challenge. When a complaint was filed by seeking a relief to forward the matter under Section 156(3) Cr.P.C. for investigation, the court below has chosen to reject the complaint through Annexure-A4 order. Offences under the Prevention of Corruption Act are alleged in the private complaint. In such case, apart from forwarding the matter for investigation under Section 156(3) Cr.P.C., the court below cannot take cognizance of the offences by proceeding through Section 200 or 202 Cr.P.C.

(3.) In the said matter, an investigation is required and sanction under Section 19 of the Prevention of Corruption Act is also required on the final report for taking cognizance of the offences. Even when the court below proceeds through Section 200 Cr.P.C., sanction is required within the meaning of Section 19 of the Prevention of Corruption Act for taking cognizance of the offences, even though sanction is not required to conduct an inquiry. Therefore, even if the court below decides to have an inquiry within the meaning of Section 200 or 202 Cr.P.C., no fruitful purpose would be served.