STATE OF KERALA Vs. REJI.S

JUDGEMENT

(1.) The State is the petitioner. The petitioner seeks sanction to prosecute the respondent as provided in sub-sec. (1) of Sec. 308 of the Code of Criminal Procedure, 1973 (Code). The respondent was the 2nd accused turned approver in C.C.No.22 of 2014 on the files of the Court of Enquiry Commissioner and Special Judge, Thiruvananthapuram. He was examined as prosecution witness No.3. Alleging that he did not make a full and true disclosure of the whole of the circumstances within his knowledge relating to the offence involved in the case, the Additional Legal Advisor in charge of the prosecution submitted Annexure-F report before the Special Court certifying that the respondent was to be prosecuted both for the offence involved in the case as well as for giving false evidence.

(2.) The Special Court as per the order dtd. 12/2/2019, Annexure-G, found that it was expedient in the interest of administration of justice to proceed against the respondent as provided in Sec. 308(1) of the Code. In pursuance of the said order, the Special Court submitted a report dtd. 25/3/2019 before this Court along with necessary documents seeking sanction as provided under the second proviso to Sec. 308(1) of the Code. The matter was considered on the administrative side of this Court. As per Annexure-H office memorandum dtd. 25/5/2019, the Registry of this Court instructed the Special Court to inform the prosecution that an application seeking sanction should be submitted by it on the judicial side. Accordingly, the State has filed this petition under Sec. 482 read with Sec. 308(1) of the Code.

(3.) Heard the learned Special Public Prosecutor (Vigilance) and the learned counsel for the respondent.