SREERAJ G. Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.M.C.No.5278 of 2025 has been filed by the 3rd accused in Crime No.4 of 2024 of VACB, Thiruvananthapuram and he seeks quashment of the said FIR.

(2.) Heard the learned counsel for the petitioner and the learned Public Prosecutor appearing for the VACB as well as the State of Kerala.

(3.) This crime was registered alleging commission of offences punishable under Ss. 7 and 13(1)(o) of Prevention of Corruption (Amendment Act 2018) ['PC (Amendment) Act' for short hereafter] as well as under Ss. 409 and 120B of the Indian Penal Code ('IPC' for short) after getting prior approval under Section17A of the PC (Amendment) Act, by accused Nos.1 to 3. The case of the prosecution is that High Range Rural Development Society ('HRDS' for short) is a charitable society registered under the Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act District Registrar, Idukki, and the project implementing agency of DDU-GKY and Yuvakerala projects which are the Central-State Governments sponsored schemes intended to provide skill development training courses for poor youth and works for the public interest, where the 1st accused is the Secretary, the 2nd accused is an employee and the 3rd accused, the petitioner herein, is an employee of the State Kudumbashree Mission, holding the official position of State Program Manager (Finance) and he is the first responsible officer for preventing the misuse of the public funds provided to the HRDS. The specific allegation of the prosecution is that all the three accused entered into a criminal conspiracy and abused their official position, thereby misappropriated Government funds allocated by the State Kudumbashree Mission to HRDS as the PIA (Project Implementing Agency) for the implementation of three Government projects, amounting to Rs.5,63,24,597.00. Out of this amount the 1st accused misappropriated Rs.89,70,000.00 (Rupees Eighty nine lakh and seventy thousand only), the 2nd accused misappropriated an amount of Rs.77,83,000.00. Both of them misappropriated the fund under the pretext of withdrawing salary for the period from March, 2018 to April, 2023. Furthermore, some employees of HRDS, along with A1 and A2 collectively misappropriated Rs.3,74,56,200.00 from the total fund of Rs.5,63,24,597.00, under the guise of salaries, despite the fund being specifically allocated for the implementation of giving skill development courses and placement assistance to poor youth of society. The 3rd accused, who has the responsibility to prevent this defalcation and report the same to the higher authorities, failed to take any action and instead assisted the 1st and 2nd accused , thereby causing huge financial loss to the Government.