E. M. ABDUL AZEEZ Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioners are the accused in C.C.No.12 of 2021 pending before the Court of Enquiry Commissioner and Special Judge, Kozhikode (crime No.4/2015/NRK of the Vigilance and Anti-Corruption Bureau, Kozhikode). They seek to quash the proceedings in C.C.No.12 of 2021.

(2.) Heard the learned Senior Counsel, appeared on instructions, for the petitioners, the learned Senior Public Prosecutor and the learned Special Public Prosecutor (Vigilance).

(3.) The offences alleged against the petitioners are punishable under Sec. 13(1)(d) read with Sec. 13(2) of the Prevention of Corruption Act, 1988 (PC Act) and Ss. 120B and 465 of the Indian Penal Code, 1860 (IPC). The 1st petitioner was the Secretary of Ramanattukara Grama Panchayat from 15/12/2011 to 17/12/2014. The 2nd petitioner was the Assistant Engineer, LSGD Sec. , Ramanattukara Grama Panchayat during the period from 10/8/2012 to 6/8/2015. The 3rd petitioner was an L.D.Clerk at the Ramanattukara Grama Panchayat. The 4th petitioner was the Assistant Engineer, LSG Department, Ramanattukara Grama Panchayat during the period from September, 2009 till May, 2012. The 5th petitioner owned a building within the local limits of the said Grama Panchayat. Petitioners No.6 and 7 were licensed building supervisors. The allegation against the petitioners are that in furtherance of a criminal conspiracy hatched among them, the first floor of the building belonging to the 5th petitioner was constructed illegally and styling it as a commercial building comprising shop rooms. Later, the second floor was constructed based on a fake building plan. Four residential units were included in the second floor. Without completing the construction, its assessment was completed and building numbers were assigned. A false completion certificate was submitted in order for getting the building numbered. The petitioners allegedly had done so with dishonest intention of gaining pecuniary advantage.