VIJAYAN KOTTARI Vs. STATE OF KERALA

JUDGEMENT

(1.) The revision petitioner is the 2nd accused in C.C.41 of 2008 of the Court of the Enquiry Commissioner and Special Judge(Vigilance), Thrissur, alleging offences punishable under Sections 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act, 1988(for short 'P.C. Act') and Sections 409, 471, 477A and 120B IPC.

(2.) The petitioner is arraigned as 2nd accused in the case because of the fact that he was working as a Manager of North Malabar Gramin Bank, Muvattupuzha Branch during the period of incident. The crime was registered by the VACB as FIR No.07/2003 -Ekm. Criminal misconduct within the meaning of the P.C. Act, has been alleged against the petitioner, through the final report.

(3.) On the filing of the final report, it seems that the court below has taken cognizance of the offences involved, and processes were issued. The petitioner appeared before the court below and moved a petition under Section 239 Cr.P.C. seeking discharge, mainly on the ground that the investigating agency, i.e., the VACB, who had investigated the case, had no power to register the FIR or to investigate the matter. The said argument was not appreciated by the court below. The court below dismissed the petition under Section 239 Cr.P.C., and has chosen to frame charges.