JOSEPH M.J. Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused Nos.3 and 5 in C.C.No.19 of 2024 pending before the Enquiry Commissioner and Special Judge (Vigilance), Kottayam, have filed this Criminal Miscellaneous Case under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash Annexures A1 and A2 in Crime No. 9/2021 of the Vigilance and Anti-Corruption Bureau, Kottayam Unit Police Station, Kottayam District.

(2.) Heard the learned counsel for the petitioners and the learned Public Prosecutor representing the State of Kerala.

(3.) The prosecution case is that accused Nos. 1 to 7 while working as employees in the Kerala State Beverages Corporation, Shop No. FL 1 5002, Changanassery, Kottayam District in furtherance of their common intention, abused their official position as public servants with the intention to cheat the Corporation. Thereafter they forged documents and made false entries in the Stocks and Sales during the period from 1/12/2018 to 17/3/2019 and used the forged documents as genuine and thereby misappropriated the Government money to the tune of Rs.59,06,557.00. On the above premise, the prosecution alleges commission of offences punishable under Ss. 13(1)(c) of the Prevention of Corruption Act, 1988 and 468, 471, 477 (A), 409, 420 and 34 of IPC, by the accused.