VINEESH Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused No.4 in Crime No.9/2009 of Vigilance and Anti-Corruption Bureau, Ernakulam, now pending as C.C.No.299/2016 on the files of the Enquiry Commissioner & Special Judge, Muvattupuzha, has filed this Criminal Miscellaneous Case under Sec. 482 of the Code of Criminal Procedure (for short, 'the Cr.P.C.' hereinafter) to quash all further proceedings in the said case as against him.

(2.) Heard the learned counsel for the petitioner as well as the learned Public Prosecutor in detail. Perused the final report and Annexures I and V documents in particular, produced by the petitioner.

(3.) Here, the prosecution allegation is that, during the period between 2006 - 07, accused Nos.1, 2 and 3 while holding the posts of Tahasildar, Kunnathunadu, Deputy Tahasildar, Revenue Recovery, Kunnathunadu and Revenue Divisional Officer, Muvattupuzha, respectively, being public servants, abused their official position, connived and conspired together with accused Nos.4 to 6 and as a result of the said conspiracy, paved the way for accused No.4 to purchase 2.22 acres of land and building in Resurvey Nos.110/20-2 and 110/12 of Rayamangalam Village for a meager amount of Rs.25,01,000.00 without taking proper valuation of the property, without following procedural formalities for auction, without bidding the land on behalf of the Government and without safeguarding the interest of the State and thus, caused loss to the State, which resulted in undue pecuniary advantage to the auction purchaser, accused No.4, who is, in fact, a benami of accused Nos.5 and 6. This is the base, on which, the prosecution alleges commission of offences punishable under Sec. 13(1) (d) r/w Sec. 13(2) of the Prevention of Corruption Act, 1988 and Sec. 120B of the Indian Penal Code, by accused Nos.1 to 6.