K K MOHANDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The sole accused in Crime No. 128 of 2006 of Guruvayoor Police Station registered under Section 7 of the Prevention of Corruption Act which was reregistered as V.C. 1 of 2006 of Vigilance and Anti Corruption Bureau is the petitioner in this Crl.M.C. This Crl.M.C is filed to quash Annexure III, F.I.R in Crime No. 128 of 2006 of Guruvayoor Police Station and all further proceedings.

(2.) The following are the averments in the Criminal Mis.Case. On 20.12.2005, the District Collector, Thrissur had passed an order holding that building tax of 6117 buildings at Chavakkad Taluk was not assessed in accordance with the provisions of the Building Tax Act. 9 squads were appointed for assessing the tax of those buildings. The petitioner was the leader of the Squad No. 3. He, along with other officials of the Squad visited a lodge by name Gayathri situated on the western gate of Guruvayoor temple on 8.3.2006 in an autorikshaw. One Satyan was the owner of that building. He was not in station. His mother Janaki Amma was managing the affairs of the lodge. In the course of inspection a wordy duel occurred between the petitioner and one Shaji who was the driver of the autorickshaw which was engaged by the aforesaid Janaki. When the wordy altercation grew the police intervened and took the petitioner herein to the police station. Thereafter Janaki, to avoid penal consequences and to save herself and others involved, went to the police station and lodged an F.I. Statement raising false and untenable allegations against the petitioner. Based on that F.I. Statement the S.I of police, Guruvayoor registered crime No. 128 of 2006 against the petitioner under Section 7 of the Prevention of Corruption Act, 1988. In the F.I. Statement it was alleged that the petitioner dishonestly and with the intention of making wrongful gain, demanded Rs. 5000/- as bribe for exempting Gayathri lodge from payment of building tax and thereby committed an offence punishable under Section 7 of the PC Act. It was averred that F.I.R was registered in contravention of specific legal bar engrafted in Section 17 of the PC Act and hence the FIR and all further proceedings in pursuant to the same are liable to be quashed under Section 482 Cr.P.C. Hence the Crl.M.C to quash the FIR registered in Crime No. 128 of 2006 of Guruvayoor police station and further proceedings.

(3.) The learned Public Prosecutor, on instructions submitted that the averments in the Crl .M.C itself will show that the F.I.R happened to be registered under unavoidable circumstances. It is submitted that even though Crime No. 128 of 2006 was initially registered by the Guruvayoor Police when the petitioner was caught red handed by the public and handed over to the police the case was re-registered as V.C 1/2006/TCR/Under Section 13(1)(d) read with 13(2) of PC Act as per the direction of the Enquiry Commissioner and Special Judge, Thrissur. Necessary sanction was accorded by the Director of Vigilance also to re-register the case.