K PRATHAPAN Vs. K R AJITH BABU

JUDGEMENT

(1.) The petitioner is the 2nd accused in Crime No. VC 06/17/TSR, registered for the offence under Section 13(1) (d) of the Prevention of Corruption Act, ("the P.C. Act" for short) and Sections 420 and 120 B read with Section 34 IPC.

(2.) The first respondent herein filed a private complaint before the court below alleging corruption in the matter of appointments to various posts in M/s. Kerala Feeds Company Limited, Kallettumkara, Irinjalakkuda. It is alleged that the appointment to the post of Managers, Office Assistants and Drivers had to be made through the Employment Exchange only. However, the first accused who was the then Minister insisted that appointments should be made by direct recruitment which was against the stand taken by the then Managing Director. When the Managing Director was not ready to heed to the demand of the Minister, he was removed from that post and the petitioner was appointed as the Managing Director. The idea behind such replacement was corruption. It is alleged that 12 persons were unauthorisedly appointed by the first and the second accused after receiving huge amount as bribe. On receipt of the said complaint, the learned Special Judge forwarded the complaint to the Deputy Superintendent of Police, VACB, Thrissur for preliminary enquiry. After the preliminary enquiry, Ext. P2 report was filed stating that no element of corruption could be detected in the preliminary enquiry. However, the learned Special Judge did not accept the said report. The learned Special Judge directed the Deputy Superintendent of Police, VACB, to register Crime Under Section 156 (3) Cr.P.C. And investigate.

(3.) The petitioner has filed this Original Petition praying for setting aside Ext. P3 order passed by the court below and the consequent registration of Ext. P4 FIR in VC 06/17/TSR as against the petitioner.