K.A.HASHIM Vs. STATE OF KERALA

JUDGEMENT

(1.) Crl.M.C. No.5593/2015 has been preferred by A3 and A4, Crl.M.C. No.5660/2015 has been preferred by A5 and A6 and Crl.M.C. No.791/2015 has been preferred by A7 in CC No.26/2014 of the Court of the Enquiry Commissioner and Special Judge (Vigilance), Thiruvananthapuram, which has arisen from CBCID Crime No.133/CR/OCW- I/TVM/2011. The aforesaid petitioners have come up for getting the final report in CC No.26/2014 in the aforesaid crime, quashed. W.P.(C) No.18488/2016 has been preferred by the petitioner seeking a further investigation by the CBI into the missing of OMR sheets relating to the valuation of the answer papers involved in the aforesaid crime.

(2.) Heard learned Senior Counsel Sri.P.Vijaya Bhanu for the petitioners in Crl.M.C. No.5593/2015, learned Senior Counsel Sri.B.Raman Pillai for the petitioners in Crl.M.C. No.5660/2015, learned counsel Sri.S.Rajeev for the petitioner in Crl.M.C. No.791/2015, Sri.R.T.Pradeep and Sri.Nagaraj Narayanan for the petitioners and learned Senior Public Prosecutor Sri.P.Narayan. Heard learned counsel Sri.B.H.Mansoor for the petitioner, learned Standing Counsel for the CBI Sri.P.Chandrasekharan Pillai, and also Sri.George Poonthottam in W.P.(C) No.18488/2016.

(3.) Learned Senior Counsel and the other learned counsel for the petitioners have invited the attention of this Court to the final report, which is Annexure-I in Crl.M.C. No.5593/2015. It has been argued that the final report is vague to the core and the same cannot be acted upon by a court of law. Apart from that, it has been pointed out that the offence under the Prevention of Corruption Act, 1988 allegedly committed by the accused has been shown as the offence under Section 13(2) of the PC Act. At the same time, it has not been pointed out in the final report as to what is the exact nature of the misconduct allegedly committed in the matter by the accused. Further, it has been pointed out that apart from vaguely alleging that the public servants had favoured some persons in procuring employment, the identity of those persons have not been specifically revealed in the final report.