K. T. GANGADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) The 3rd accused in C.C. No.16 of 2017 on the files of the Court of the Enquiry Commissioner and Special Judge, Thalassery, has filed this criminal revision petition, seeking the following relief:

(2.) Heard the learned counsel for the revision petitioner as well as the learned Public Prosecutor, in detail. Perused the relevant materials available.

(3.) The genesis of the case as pointed out by the learned counsel for the revision petitioner and the learned Public Prosecutor is that, as per Annexure.II agreement, the 3rd accused undertook the work of repair of Dasakandam Pond, which is shown as item No.7 in the 5th year plan of Badiadka Grama Panchayath for the year 2005-2006. Thereafter, the work was completed and the amount was encashed. Later, as on 22/7/2009, Crime No.9/2009 of VACB, Kasaragod, has been registered alleging commission of the offences punishable under Ss. 420, 486, 471 read with 120(B) of the Indian Penal Code as well as under Sec. 13(1)(d) read with 13(2) of the Prevention of Corruption Act, by the accused. The allegation in the FIR is that, during the year 2005-2006, the accused persons, with dishonest intention to obtain pecuniary advantage, abused their official position, entered into criminal conspiracy with one P.Ibrahim, Convenor, Beneficiary Committee of Desakandam Pond repair work at Badiadka and in pursuance of said conspiracy, without executing the work in proper manner, prepared forged documents and encashed Rs.36,665.00from Badiadka Grama Panchayat and caused wrongful loss of Rs.30,001.00 to the Government.