SREEDEVI Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The petitioner is the first accused in Crime VC 6/14/PKD of the Vigilance and Anti-Corruption Bureau (for short 'VACB'), Palakkad registered for the offences punishable under Sections 468, 471, 201 and 120B IPC and Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act (for short 'the P.C. Act').

(2.) Somebody cut and removed two teak trees and other trees from the purambokku land (Government land) in Sy.No.71 of Ozhalappathy village. The matter was informed to some press people on 19.5.2009 and it was reported in a daily on 20.5.2009. The newspaper reports raised allegations against the Government officials in the matter. Accordingly, the Deputy Tahsildar Shri.Shaji Babu visited the spot and conducted enquiry and site inspection on 20.5.2009. He informed the matter to the petitioner, the then Village Officer and requested her to take necessary steps in the matter. As instructed by the superior officer, the petitioner filed a written complaint against Sri.Swami Appan before the police. Accordingly, the crime was registered on 20.6.2009 by the Sub Inspector of Police, Kozhinjampara police station as crime No.193/2009 under Section 379 I.P.C. After completing the investigation, the final report was filed by the police before the jurisdictional Magistrate against Sri.Swami Appan and Salim for offences under Sections 379 and 411 read with Section 34 I.P.C.

(3.) Mean while, an enquiry was conducted in the matter by the Revenue Divisional Officer. The Revenue Divisional Officer after the enquiry, submitted a report before the District Collector, Palakkad alleging the involvement of the petitioner, who was the then Village Officer in the theft. On receiving the report from the Revenue Divisional Officer, the District Collector, Palakkad sent a report to the Director, Vigilance and Anti-Corruption Bureau, Thiruvananthapuram. Thereafter, the Director of VACB ordered to conduct a vigilance enquiry in the matter. Accordingly, a vigilance enquiry was conducted by the VACB, Palakkad unit. In the vigilance enquiry, it was primafacie revealed that the theft of two teak trees worth Rs. 2.65 lakhs was committed by Swami Appan in connivance with a broker Prabhakaran, the petitioner and another person. Accordingly, a vigilance report was submitted to the Director of VACB. Thereafter, on the basis of the letter issued by the Director of VACB, the Government issued order to register the crime against the petitioner and three others. Accordingly, Crime No.VC 6/2014/PKD of VACB, Palakkad was registered for the offences punishable under Sections 468, 471 and 201 read with Section 120B IPC and Section 13(1)(d) read with Section 13(2) of PC Act.