M.KUMARI Vs. STATE OF KERALA

JUDGEMENT

(1.) This Revision Petition has been filed under Sec. 442 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS' for short) challenging order in C.Mappl.No.149/2024 in C.C.No.3/2020 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, at the instance of the 5th accused, challenging the order refusing discharge sought for under Sec. 239 of the Code of Criminal Procedure ('Cr.P.C' for short).

(2.) Heard the learned counsel for the revision petitioner/5th accused as well as the learned Public Prosecutor, appearing for Vigilance and Anti-Corruption Bureau ('VACB' for short).

(3.) In this matter, the prosecution case is that, the 6th accused was the owner of a building by name 'Samrat Hotel' with door No.TC 28/1830 in survey No.709 of Vanchiyoor Village. Accused Nos. 1 to 5 were the officials of Thiruvananthapuram Corporation. Accused No.7 was the Architect engaged by the 6th accused. 'Samrat Hotel' at Thakaraparambu was a two storied building, within Thiruvananthapuram Corporation. This locality was proposed to be included in the heritage zone in the Fort area. Construction of new commercial buildings were not permitted in the heritage zone. Accused Nos.1 to 5 having fully aware of this fact, entered into a conspiracy with the 6th accused, pursuant to which the 6th accused made an application for granting permit for making internal renovations to his building. Permit was not required for this work in view of Rule 10 (ix) of the Kerala Municipality Building Rules, 1999. Officials of Corporation granted a permit an Appendix-C under Rule 11 (3) permitting the internal renovation. The 6th accused, on the pretext of internal renovation, demolished the entire building and constructed a four storied building in violation of the Rules. On this premise, the prosecution alleges commission of offences punishable under Ss. 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 [hereinafter referred as 'P.C. Act, 1988' for short] and under Sec. 120B of the Indian Penal Code, by the accused.