S.J.PRASAD Vs. STATE OF KERALA

JUDGEMENT

(1.) Accused No.4 in C.C.No.15/2022 on the files of the Enquiry Commissioner and Special Judge (Vigilance), Thalassery, arising out of crime No.17/2015 of Vigilance and Anti-Corruption Bureau (hereinafter referred to as 'VACB" for short), Kasargod, has filed this Criminal Miscellaneous Case seeking quashment of the entire proceedings in the above case.

(2.) Heard the learned counsel for the petitioner/ 4th accused and the learned Special Public Prosecutor in detail. Perused the documents placed by the learned counsel for the petitioner and the relevant documents form part of the final report.

(3.) The prosecution case is that, on the basis of a petition received on 6/7/2015 from Sri.K.M.Muhammed Haneef, S/o.Abdul Rahman, Aged 47/16, Muttathody Village, Alambady Kasaragod, regarding the illegal possession of government land in Thalangara Village by private individuals, a quick verification was conducted by the Vigilance and Anti-Corruption Bureau, Kasaragod Unit and found that the government land extending 3.68 acres was illegally possessed by private individuals, Sri.Saji Sebastian, Sri M.Krishnan Nair, Sri.A.Gopinathan Nair and Sri.S.J.Prasad (the petitioner herein) with the connivance of government officials, Sri.K.Sivakumar, the former Election Deputy Tahsildar, Kasaragod; Sri.Cheniyappa, the former Tahsildar, Kasaragod; Sri. Robin D"Silva, the former Sub Registrar, Kasaragod and Sri.T.O. Sooraj IAS, the former Land Revenue Commissioner, Thiruvananthapuram and the successor of Sri.Ganappayya who had taken on lease the land from the State of Madras on 30/9/1903. The Quick verification report was submitted to the Director, VACB, Thiruvananthapuram, with the recommendation to register a Vigilance case. As per the order of the Director, VACB, Thiruvananthapuram, vide order No. E14 (QV3/15/KSD) 23405/15 dtd 15/7/2025, a vigilance case was registered in Kasaragod Vigilance unit on this matter as VC 17/15/KSD under Sec. 13 (1) (d) r/w 13 (2) of the Prevention of Corruption Act, 1988 (hereinafter referred to as 'the PC Act' for short) and Ss. 420 and 120B of the Indian Penal Code (hereinafter referred to as 'IPC' for short) on 16/7/2015.