ANAZ M.A. Vs. STATE OF KERALA

JUDGEMENT

(1.) This Original Petition has been filed by the petitioner seeking the following reliefs:

(2.) Heard the learned counsel for the petitioner and the learned Special Public Prosecutor. Also heard the learned counsel appearing for the 3rd respondent, who is the complainant in CMP 29A/2020 on the files of the Enqiry Commissioner and Special Judge (Vigilance), Muvattupuzha, detail.

(3.) It is pointed out by the learned counsel for the petitioner that the petitioner is arrayed as accused as per Ext.P3 order dtd. 8/6/2022 passed by the learned Special Judge (Vigilance) Muvattupuzha, forwarding a complaint filed by the 3rd respondent for investigation to the Deputy Superintendent of Police, VACB, Ernakulam, under Sec. 156(3) of the Code of Criminal Procedure ('Cr.P.C' for short) for registering a crime, which is unsustainable since the law in force doesn't permit the said course of action. He also pointed out the decision of this Court in Crl.M.C.No.7741/2025 and Crl.M.C.No.8392/2025 dtd. 21/11/2025 reported in [2025 KHC OnLine 1228], Ajith Kumar.M.R v. State of Kerala referring Anil Kumar v. M.K.Aiyappa. [(2013) 10 SCC 705], while holding that in order to forward a complaint under Sec. 156 of Cr.P.C by a Special Judge, sanction under Sec. 19 of the Prevention of Corruption Act, 1988 ('PC Act, 1988' for short) is necessary.