XAVIER Vs. JAMES

JUDGEMENT

(1.) The common petitioner is the complainant in Crl.M.P. No.213 of 2019 which he has filed before the Court of the Enquiry commissioner and Special Judge, Kottayam.

(2.) The allegation in the complaint is that the accused, being public servants as president, members of the Managing Committee and staffers of the Thankey Service Co-Operative Bank Ltd. No.1003, Kadakkarappally, Cherthala, by abusing their official powers misappropriated funds of the bank which was provided by the National Bank for Agriculture and Rural Development (NABARD) and the State Government for the purpose of extending various benefits to the loanees, particularly those who availed agriculture loans. The offences alleged in the complaint are punishable under Ss. 120B, 409, 465 and 471 of the Indian Penal Code, 1860 and Sec. 13(2) of the Prevention of Corruption Act, 1988.

(3.) The petitioner filed W.P.(C) No.20552 of 2021 in order to ventilate his grievance that as per Ext.P14, the 3rd respondent refused to accord sanction to prosecute the accused. He seeks the following reliefs in the writ petition: