T. R. PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused No.5 in C.C.No.93 of 2016 pending before the Court of Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha has filed this revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (Code). He filed C.M.P.No.1147 of 2022 seeking discharge. The Special Court dismissed that petition as per the order dtd. 16/11/2023. That order is under challenge in this revision petition.

(2.) The petitioner was a Village Assistant in Chinnakanal Village. While working as such, he allegedly had prepared false sketches and certificates in respect of property comprised in survey No.20/1 of Chinnakanal Village, which is situated in Venadu thavalam, as if the said property is in Chinnakanal thavalam. It is Government land. Disregarding that fact the certificate was issued describing it as a property covered by Patta No.LA 24/1968, which is a forged document. The petitioner did so based on a conspiracy hatched among the accused persons. Thereby the accused and his co-accused have allegedly committed offences punishable under Ss. 13(1)(c) and (d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (PC Act) and Ss. 468, 471 and 420 read with Sec. 120B of the Indian Penal Code, 1860 (IPC).

(3.) Heard the learned counsel for the petitioner, the learned Special Public Prosecutor (Vigilance) and the learned Senior Public Prosecutor.