Kerala High Court
Sreehari S vs State Of Kerala on 19 July, 2022
Author: K. Babu
Bench: K. Babu
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
TUESDAY, THE 19TH DAY OF JULY 2022 / 28TH ASHADHA, 1944
WP(CRL.) NO. 220 OF 2022
PETITIONER/S:
SREEHARI S
AGED 43 YEARS
ASSISTANT MOTOR VEHICLE INSPECTOR, (UNDER
SUSPENSION,), RESIDING AT SREE BHAVAN,
CHERUKADU P.O., KOZHIKODE, KERALA-673 527
BY ADVS.
G.HARIHARAN
PRAVEEN.H.
K.S.SMITHA
V.R.SANJEEV KUMAR
ANJALY T.A
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, HOME DEPARTMENT, SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 SPECIAL INVESTIGATION UNIT-II,
VIGILANCE AND ANTI-CORRUPTION BUREAU,
THIRUVANANTHAPURAM-695 002
3 TRANSPORT COMMISSIONER,
TRANS TOWER, VAZHUTHAKADU, THIRUVANANTHAPURAM-
695 014
BY A RAJESH SPL GOVERNMENT PLEADER(VIGILANCE)
SMT REKHA S SR GOVERNMENT PLEADER
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 19.07.2022, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(CRL.) NO. 220 OF 2022
..2..
JUDGMENT
The prayers in this writ petition filed under Article 227 of the Constitution of India are as follows:-
(i) Writ of mandamus commanding the 2nd respondent to complete the investigation in connection with Exhibit. P2 FIR by filing Final Report within a specified time taking note of Exhibit. P7 notice issued by Government of Rajasthan.
(ii) To pass such other orders or reliefs as this Hon'ble Court deems fit in the interest of justice.
2. The petitioner was working as Assistant Motor Vehicle Inspector in the Motor Vehicle Department at the Regional Transport Office, Thrissur. One Shri. Raveendran B.V., Editor, Cover Story Magazine, Angamaly, Ernakulam filed Crl.M.P.No.28/2017 before the Enquiry Commissioner and Special Judge, Thiruvananthapuram against the petitioner and others. The Court below ordered preliminary enquiry. Based on the findings of the preliminary enquiry, the Director of VACB has accorded sanction to register FIR. The VACB registered FIR as VC 03/2017/SIU-II under Section 13(2) WP(CRL.) NO. 220 OF 2022 ..3..
r/w 13(1)(d) of the Prevention of Corruption Act, 1988 and under Sections 120B, 420, 465, 468 and 471 of the Indian Penal Code against the petitioner and others.
3. It is alleged that the petitioner while working as Senior Clerk at Kannur Regional Transport Office applied for the post of AMVI. Along with the application, he had produced forged B. Tech Degree Certificate of Sridhar University, Pilani, Rajasthan. The other accused Shri. C.V. Sunilkumar, with malafide intention accepted the forged confirmation letter of the University concerned.
4. The learned Special Public Prosecutor submitted that the VACB completed investigation. The relevant portion of the statement submitted by the Deputy Superintendent of Police, Vigilance and Anti- corruption Bureau through the learned Public Prosecutor is extracted below:-
"4. It is submitted that a Preliminary Enquiry as QV 06/2017/SIU-II was conducted in Special Investigation Unit as ordered by the Honourable Court of EC & SJ, Thiruvananthapuram in C.M.P. 28/2017 filed by one Ravindran B.V., Editor, Cover Story WP(CRL.) NO. 220 OF 2022 ..4..
Magazine, Angamali, Ernakulam. On the findings of the QV 06/2017/SIU-II, the Director, VACB has accorded sanction to register a case vide Lr.No.E15(QV 06/2017/SIU-II) 1239/17 dtd 29.07.2017. Accordingly, a Vigilance Case as VC 03/2017/SIU-II u/s 13(1)(d) r/w 13(2) of Prevention of Corruption Act, 1988 and u/s 120 B, 420, 465, 468 & 471 of IPC against the petitioner, Sri. Sreehari.S.(A1) and one Sri.C.V. Sunilkumar (A2), the then Senior Administrative Officer, Transport Commissionerate, Thiruvananthapuram."
5. It is reported that the competent authority has granted sanction to prosecute the petitioner. The prosecution is awaiting sanction from the competent authority in respect of accused No.2. Therefore, the matter has become infructuous.
Accordingly, the writ petition is closed as infructuous.
Sd/-
K. BABU, JUDGE kkj