K KARUNAKARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) This petition is to quash the First Information Report and all further proceedings pursuant thereto under Section 482 of the Code of Criminal Procedure.

(2.) Petitioner was the Chief Minister of State of Kerala during the relevant period 1991 to 1995. The allegations in the F.I.R. (Annexure-A) relate to a contract entered into between the Managing Director of the Kerala State Civil Supplies Corporationand M/s. Power and Energy (P) Limited, Singapore on 29-11-1991 for the purchase and import of 15,000 Metric tonnes of Palmolein. It is alleged that the petitioner as accused No. 1 along with accused 2 to 5 by abusing their official position as public servants entered into a criminal conspiracy amongst themselves and with A6 and A7, the private firms caused pecuniary loss of about Rs. 2.8 crores and corresponding pecuniary gain to the accused and thereby committed the offences of criminal misconduct and criminal conspiracy.

(3.) The Superintendent of Police, Vigilance Department, conducted preliminary enquiry in the matter from 9-8-1996 to March, 1997. The said enquiry revealed that the accused have committed the offences under Section 13(2) read with Section 13(1) of Prevention of Corruption Act, 1988 and Section 120B, I.P.C. and accordingly the case was registered as Cr. 1/97 at Vigilance Special Cell Police Station, Thiruvananthapuram and further investigation continued. It is at this stage the above Crl. M.C. has been filed.