S. KRISHNAKUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the 1st accused in C.C.No.23 of 2017 on the files of the Court of Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha. The offences alleged against her are punishable under Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (PC Act) and Sec. 120B of the Indian Penal Code, 1860 (IPC). The petitioner filed C.M.P.No.746 of 2019 seeking discharge. The Special Court dismissed that petition as per the order dtd. 6/1/2023. Challenging that order, this revision petition under Sec. 397 read with Sec. 401 of the Code of Criminal Procedure, 1973 (Code) has been filed.

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

(3.) There are two accused. The 1 st accused/petitioner was the Secretary of the Alangad Grama Panchayat. The 2 nd accused was the General Manager of M/s Alston Builders and Developers (P) Ltd. The 2 nd accused had properties in Sy.Nos.108/2B, 78/2 and 78/5 of Alangad Village. Those properties were reclaimed illegally. There was prohibitory order from making any construction in the said property. The petitioner hatched a conspiracy with the 2 nd accused and in order to obtain pecuniary gain for the 2nd accused, she granted permit to construct a building in the said property in violation of the provisions of the Kerala Conservation of Paddy Land and Wetland Act, 2008 and also disregarding the prohibitory order. She thereby misused her official position and committed criminal misconduct constituting an offence under Sec. 13(1)(d) of the PC Act.