Kerala HC: Allegations Criminal in Nature, Prior Sanction U/S 17A PC Act Prima Facie Not Necessary

Anurupa Pal

Published on: March 8 ,2022 at 18:35 IST

The Kerala High Court on Friday Dismissed a Petition Filed by Retired Superintendent of Police seeking Quash registered against him by the Vigilance Special Investigation Unit.

Justice Sunil Thomas consented to Vigilance and Anti-Corruption Unit to continue with its Probe against the Petitioner finding that the Offences Alleged against him were not covered by the Protection Under Section 17A of the Prevention of Corruption Act.

Section 17A provides: No Police Officer shall conduct any Enquiry or Inquiry or Investigation into any Offence Alleged to have been Committed by a Public Servant under this Act, where the Alleged Offence is relatable to any recommendation made or Decision taken by such Public Servant in Discharge.

The said Allegation was that while Serving as the Deputy Superintendent of Police of Vigilance Special Cell, the Petitioner was the Investigating Officer in the Case of Gopapalakrishnan Nair, a former Assistant Engineer in the Thiruvananthapuram Corporation.

His main Allegation was that the Petitioner abused his Official Position as a Public Servant and conspired with Nair who amassed Assets 19% more than his known Source of Income.

Representing the Petitioner, Advocates P.V. Venugopal, Senkumar T.P and K.T Sebastian argued that he was implicated Falsely and that No Offence was made out against him. On these and other grounds, he sought for the First Information Report to be Quashed. The Case records clearly indicated that the partner who issued the Impugned Receipts were not questioned while another partner’s Statement was Recorded.

In the absence of a Valid Explanation as to why a stranger to the Receipts was questioned, the Conduct of the Petitioner in accepting the Receipts as a Proof and recommending Closing of the Crime raises strong Suspicion. Prima Facie, this matter needs a detailed Investigation.”

Also Read- Privileged Documents under Code of Civil Procedure, 1908

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