Kerala High Court
Jebi I. Cherian vs State Of Kerala on 28 January, 2025
2025:KER:6639
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR
TUESDAY, THE 28TH DAY OF JANUARY 2025 / 8TH MAGHA, 1946
CRL.REV.PET NO. 1095 OF 2023
AGAINST THE ORDER DATED 16.09.2023 IN CMP NO.815 OF 2017
IN VC NO.2/2016/SIU OF THE ENQUIRY COMMISSIONER & SPECIAL
JUDGE,THRISSUR
REVISION PETITIONER/3RD ACCUSED:
JEBI I. CHERIAN
AGED 51 YEARS
S/O. JOSEY XAVIER, ILLIPARAMBIL HOUSE, 16/1880,
KOCHUPALLY ROAD, THOPPUMPADY, ERNAKULAM, KOCHI,
PIN - 682005.
BY ADVS.
K.P.SATHEESAN (SR.)
P.MOHANDAS (ERNAKULAM)
K.SUDHINKUMAR
SABU PULLAN
R.BHASKARA KRISHNAN
GOKUL D. SUDHAKARAN
BHARATH MOHAN
S.VIBHEESHANAN
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Crl.R.P.No.1095 of 2023
RESPONDENTS/STATE/COMPLAINANT & DEFACTO COMPLAINANT:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF
KERALA, PIN - 682031.
2 THE DEPUTY SUPERINTENDNET OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL
INVESTIGATION UNIT-I, THIRUVANANTHAPURAM,
PIN - 695001.
3 JOHNSON PADAMADAN
PADAMADAN HOUSE, UDAYA NAGAR DESOM, EAST FORT
P.O., CHEMBUKKAVU, THRISSUR, PIN - 680020.
R1 & R2 BY SMT REKHA S, SR PUBLIC PROSECUTOR
R2 & R2 BY SRI A RAJESH, SPL PUBLIC PROSECUTOR
(VIG)
R3 BY G.HARIHARAN
R3 BY PRAVEEN.H.
R3 BY K.S.SMITHA
R3 BY B.R.SINDU
R3 BY V.R.SANJEEV KUMAR
THIS CRIMINAL REVISION PETITION HAVING COME UP FOR
FINAL HEARING ON 22.01.2025, THE COURT ON 28.01.2025
DELIVERED THE FOLLOWING:
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Crl.R.P.No.1095 of 2023
P.G. AJITHKUMAR, J.
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Crl.R.P.No.1095 of 2023
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Dated this the 28th day of January, 2025
ORDER
The order dated 16.09.2023 of the Enquiry Commissioner and Special Judge, Thrissur in C.M.P.No.815 of 2017 in VC No.2/2016/SIU of Vigilance and Anti-Corruption Bureau, Special Investigation Unit, Thiruvananthapuram is under challenge in this revision petition filed under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (Code). A final report seeking to drop further action in VC No.2/2016/SIU was submitted. The 3 rd respondent raised an objection to the said final report and sought to order a further investigation. The Special Court as per the impugned order accepted the objection and ordered a further investigation. The said order is under challenge in this revision petition filed by the 3rd accused in the crime.
2. Heard the learned counsel for the petitioner, the learned Senior Public Prosecutor and and the learned counsel 2025:KER:6639 4 Crl.R.P.No.1095 of 2023 for the 3rd respondent.
3. Accused Nos.1 to 3 were the officials of the Kerala Motor Vehicles Department and office bearers of Kerala Motor Vehicles Department Gazetted Officers Association (KMVDGOA) and the 4th accused was a member of it. The allegations levelled against them in the complaint filed by the 3rd respondent before the Special Court as Crl.M.P.No.367 of 2015 are the following:
Accused Nos.1 to 3, being the office bearers of Kerala Motor Vehicle Department Gazetted Officers Association (KMVDGOA) along with accused No.4, without obtaining permission to collect contributions for publication of a souvenir by the association in the year 2015, printed donation coupons of value Rs.1,000/-, 2,000/-, 5,000/- and 10,000/- for collecting funds from the public and illegally collected money to the tune of Rs.15 crores. The accused orchestrated the same by abusing their official position as public servants and thereby committed offences under the Prevention of Corruption Act."
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4. A quick verification was conducted on that complaint and a report was submitted. The Special Court as per Annexure R3(a) order accepted the report concerning allegations No.1 and 3 in the complaint. However, rejecting the report, ordered to register a crime and conduct investigation in respect of allegation No.2. Allegation No.2 is concerning alleged collection of money by the office bearers of the association using coupons for Rs.1000/-, Rs.2000/-, Rs.5000/- and Rs.10000/- and misappropriation of crores of amount so collected. In obedience to the said direction, a crime was registered and an investigation conducted. Annexure-I is the final report.
5. The Special Court, after considering the findings in Annexure-I and the materials produced therewith and also the objections raised by the 3rd respondent, held as per the impugned order that there are materials to hold that the accused illegally collected money using coupons of the value of Rs.2000/-, Rs.5000/- and Rs.10000/-, without sanction from the Government. It was also held that the accused using 2025:KER:6639 6 Crl.R.P.No.1095 of 2023 their official power and putting the vehicle owners under fear, collected money from them, which amounted to extortion. The further observation is that five coupons produced by the 3 rd respondent/complainant would establish illegal collections from the vehicle owners by the accused. Accordingly, it was directed that a further investigation in the matter has to be held. The offence of extortion was also directed to be investigated into.
6. The learned counsel for the petitioner would submit that the investigating agency had conducted a threadbare investigation and absolutely nothing to probabilise commission of any offence has been brought out. The offences alleged in the FIR and the investigation conducted into were under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 (PC Act) and Section 120B of the Indian Penal Code, 1860 (IPC). Accused Nos.1 to 3 were the office bearers of the association; whereas the 4th accused was a member. The allegations in the complaint, inter alia, is that the 4th accused 2025:KER:6639 7 Crl.R.P.No.1095 of 2023 collected money from vehicle owners using coupons for Rs.1,000/- and one Shiju handed over five such coupons to the complainant, which are used to establish that allegation. Accordingly, the learned counsel for the petitioner submits that when the 4th accused is not an office bearer of the association and even if he has collected money from any vehicle owner, that would not bind the office bearers inasmuch as the decision was to collect money using coupons for the purpose of the road safety programmes organised by the association and money was collected from the members of the association only. It is further submitted that in the investigation, it was revealed that the 4 th accused did not collect money from any vehicle owner as alleged in the complaint and the coupons produced by the complainant as obtained from Shri.Shiju would not evidence collection of money using such coupons. The finding in the final report is that the said allegations levelled against the 4 th accused were incorrect and on the day of alleged collection he was not even available in that station.
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7. The final report was seen prepared after verifying the bank account of the association and also the personal accounts of accused Nos.1 to 4. It was revealed that the entire amount of Rs.10 lakhs collected using the printed coupons was properly accounted and the un-expended part of the collected money is available in the account of the association. As against the allegation that coupons worth Rs.1000/-, Rs.2000/-, Rs.5000/- and Rs.10000/- were printed and distributed, what revealed was printing of 1000 coupons of Rs.1000/- alone. The resolution of the association was to collect the amount against the said coupons from the members. The only instance of deviation pointed out by the complainant is the issuance of five coupons to Shri.Shiju by the 4th accused. As stated, in the investigation, it was revealed that the 4th accused did not issue five coupons to Shri.Shiju or other vehicle owners as alleged.
8. The learned counsel for the 3 rd respondent would submit that when five coupons were seen given to a private individual, the claim of the petitioner that the collection was 2025:KER:6639 9 Crl.R.P.No.1095 of 2023 made from among members of the association alone gets falsified. There was no proper investigation into those allegations and therefore a further investigation in the matter as directed by the Special Court is absolutely essential. Violation of the provisions of the Kerala Government Servants' Conduct Rules has been found in the investigation. When such mischief was committed by the petitioner and the other accused persons, the findings in the final report cannot be accepted. Accordingly, the learned counsel submitted that a further investigation in the matter is essential.
9. The findings in the final report are not mere conclusions alone. Every finding is based on the materials collected during the investigation. The conclusions are that 1000 coupons of Rs.1000/- alone were printed and the purpose of such collection was to meet the expenses in connection with traffic awareness programmes conducted in terms of the directions issued by the State Government. There was an instruction by the All India Federation also in that regard. The coupons were issued to the members and 2025:KER:6639 10 Crl.R.P.No.1095 of 2023 only one stray deviated incident of collection is alleged. It is that five coupons were issued to collect money from vehicle owners by the 4th accused. One Sri.Shiju was the person from whom such coupons were obtained by the 3 rd respondent. The investigation revealed that the said allegation was not correct. Materials regarding due accounting of entire amount collected by the association were procured in the investigation. Personal bank accounts of the accused persons were also checked. From such materials, the investigating agency came to the conclusion that the entire amount of Rs.10 lakhs collected using coupons were duly accounted and utilised by the association. No material has been obtained in the investigation to show that any amount so collected has been appropriated by any individual. Those are the findings in the investigation and such findings are on the basis of the materials collected during investigation. In such circumstances, conducting a further investigation in the matter will be a futile exercise.
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10. It may be noted that other than a bald allegation in the complaint that the amounts collected using coupons were misappropriated by the accused persons, no evidence in that regard has been pointed out by the 3 rd respondent. In the investigation, nothing to indicate that any amount collected using coupons was appropriated personally by any of the accused is revealed. An offence under Section 13(1)(d) of the PC Act will be constituted only if a public servant by corrupt or illegal means obtains for himself or for any other person any valuable thing or pecuniary advantage. When there is no material to indicate even that any of the accused gained any valuable thing or pecuniary advantage by himself or for any other person, it cannot be said that such an offence is prima facie revealed. In view of the above, the Special Court went wrong in ordering a further investigation in the matter. The observations in the order that the investigation revealed collection of money using coupons of Rs.2000/-, Rs.5000/- and Rs.10000/- is incorrect as well, inasmuch as the definite finding is that coupons for Rs.1000/- alone were printed.
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11. In the aforesaid circumstances, the impugned order is liable to be set aside. Accordingly, Crl.R.P. is allowed. The order dated 16.09.2023 in C.M.P.No.815 of 2017 in V.C.No.2/2016/SIU of the Enquiry Commissioner and Special Judge, Thrissur is set aside and on accepting Annexure-I report, further action in V.C.No.2/2016/SIU is dropped.
Sd/-
P.G. AJITHKUMAR, JUDGE dkr 2025:KER:6639 13 Crl.R.P.No.1095 of 2023 APPENDIX OF CRL.REV.PET 1095/2023 PETITIONER ANNEXURES ANNEXURE-I TRUE COPY OF THE FINAL REPORT FILED BY THE 2ND RESPONDENT AS REPORT NO.
11/2020 DATED 30-11-2020 ANNEXURE-II TRUE COPY OF THE OBJECTION FILED BY THE 3RD RESPONDENT IN C.M.P.NO.
815/2017 DATED 2-2-2021 AGAINST
ANNEXURE-I FINAL REPORT
ANNEXURE-III TRUE COPY OF THE ORDER G.O. (RT)NO.
105/2018/TRANS DATED 16-03-2018 ISSUED BY THE GOVERNMENT RESPONDENT ANNEXURES ANNEXURE R3(A) TRUE COPY OF THE ORDER DATED 13.06.2016 MADE BY THE COURT OF THE ENQUIRY COMMISSIONER, THRISSUR IN CRL.M.P.NO.367/2015 ANNEXURE R3(B) TRUE COPY OF THE FIR IN VC.NO.2/2016 REGISTERED ON 02.07.2016 ON THE STRENGTH OF ANENXURE-R3(A) ORDER