M NAJEEB Vs. STATE OF KERALA,

JUDGEMENT

(1.) The petitioners in Crl.M.C.No.6117/2016 are accused Nos.1 to 3 and the petitioner in Crl.M.C.No.5393/2016 is the 4th accused in Crime No.VC 5/2016 of the Vigilance and Anti Corruption Bureau (for short, 'the VACB') , Thiruvananthapuram, registered for the offences under Sections 420, 468, 471 and 120 B r/w Section 34 IPC and Section 13(1) (c) and (d) r/w Section 13(2) of the Prevention of Corruption Act, 1998.

(2.) The additional 3rd respondent filed a complaint before the Enquiry Commissioner and Special Judge (Vigilance) , Thiruvananthapuram against the petitioners alleging mis-appropriation of the Micro Finance Fund disbursed by the Kerala State Backward Classes Development Corporation Ltd (for short, 'the KSBCDC Ltd') , a Government agency, through Sree Narayana Dharma Paripalana Yogam (for short, 'the SNDP Yogam') . It is alleged that the 4th accused, as the Managing Director of KSBCDC, selected SNDP Yogam as a NonGovernmental Organisation (for short, 'the NGO') for providing finance to the persons living below double poverty line, belonging to Ezhava community, which is a backward class, even though it was not having the requisite qualification. It is further alleged that the fund allotted to SNDP Yogam was misappropriated by accused Nos.1 to 3. Thereafter, forged and false utilization certificates were submitted to KSBCDC, as if the money had been utilized for the purpose for which it was disbursed.

(3.) The learned Special Judge directed the Deputy Superintent of Police, VACB, Thiruvananthapuram to conduct a quick verification. Accordingly, quick verification was conducted. Since cognizable offence was disclosed in the quick verification, the above said crime was registered.