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  • Section 482 Cr.P.C,
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  • Section 482 Cr.P.C,
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    SHAN K.V. v. MATHEW @ BABU

    IN THE HIGH COURT OF KERALA AT ERNAKULAM

    PRESENT:

    THE HONOURABLE MR. JUSTICE P.UBAID

    THURSDAY, THE 12TH DAY OF JANUARY 2017/22ND POUSHA, 1938 Crl.MC.No. 8591 of 2016

    -------------------------

    PETITIONER/ACCUSED:

    --------------------

    SHAN K.V.,

    S/O.K.N.VISWANATHAN,

    KOCHUTHEKKETHIL HOUSE,

    ENTHAYAR.P.O, MUKKULAM POST,

    KOTTAYAM DISTRICT,

    PIN-686514.

    BY ADVS.SRI.V.G.ARUN

    SRI.ARJUN RAGHAVAN

    RESPONDENTS/DEFACTO-COMPLAINANT & STATE:

    -----------------------------------------

    1. MATHEW @ BABU, S/O.MATHAI,CHAKKALAKKAL HOUSE,

    NETTITHOZHU,

    ANAKKARA VILLAGE,

    UDUMBANCHOLA TALUK, IDUKKI-685554.

    2. THE DEPUTY SUPERINTENDENT OF POLICE,

    VIGILANCE AND ANTI CORRUPTION BUREAU,

    IDUKKI-673001.

    3. STATE OF KERALA,

    REPRESENTED BY THE PUBLIC PROSECUTOR,

    HIGH COURT OF KERALA, KOCHI-682031. R2 & R3 BY PUBLIC PROSECUTOR SRI.ALEX M.THOMBRA

    THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION

    ON 12-01-2017, THE COURT ON THE SAME DAY PASSED THE

    FOLLOWING:

    ab

    1

    Crl.MC.No. 8591 of 2016 ------------------------

    APPENDIX

    PETITIONERS' EXHIBITS --------------------- ANNEXURE I: COPY OF THE FIR IN V.C14/2016/IDK DATED 27.10.2017 ALONG WITH PRE-TRAP MAHAZAR

    ANNEXURE II: COPY OF THE RECOVERY MAHAZAR DATED 27.10.2016 IN

    V.C14/2016/IDK.

    ANNEXURE III: COPY OF THE SEIZURE MAHAZARZ DATED 27.10.2016 IN

    V.C14/2016/IDK.

    ANNEXURE IV: COPY OF THE SUSPENSION ORDER NO.A3-24035/2016

    DATED 31/10/2016 ISSUED BY THE SURVEY DIRECTOR. RESPONDENTS' EXHIBITS : NIL

    ----------------------

    //TRUE COPY//

    P.A to Judge

    ab

    2

    P.UBAID, J.

    --------------------------------------- Crl.M.C No.8591 of 2016

    ---------------------------------------

    Dated this the 12thday of January, 2017

    O R D E R

    The petitioner herein is a Grade II Draftsman of the Re- Survey Office at Udumbanchola. He was trapped by the VACB while accepting an amount of ₹2,000/- as illegal gratification from one Babu @ Mathew. The VACB registered crime on the complaint of the said Babu @ Mathew and instructed him to pay the phenolphthalein tainted currency to the accused. On getting the pre arranged signal from the complainant, the detecting officer approached the accused and made a search for the phenolphthalein tainted currency. But by that time it was either destroyed or concealed. However, the phenolphthalein test conducted on the hands of the accused turned positive. In such a circumstance he was arrested by the VACB, and the VACB proceeded for investigation. The petitioner now seeks orders under Section 482 Cr.P.C, quashing the prosecution initiated against him.

    2. On hearing the learned counsel and the learned Public Prosecutor on admission, and also on a perusal of the

    3

    Crl.M.C No.8591 of 2016 2 materials including the complaint and the recovery mahazar, I find no reason or ground for interference in the investigation process at this stage. In view of the phenolphthalein test, that turned positive, the VACB will have to make efforts to recover the tainted money, allegedly received by the accused. In view of the primafacie materials, revealing a case of trap while accepting illegal gratification, I feel it inappropriate to pass any order stalling the investigation, or quashing the crime. Let the investigation process proceed, and let the investigating officer come to a finding. In case, final report is filed against him, and if he finds reasons, factual or legal, to challenge the final report, he can bring appropriate proceedings. I find no reason at this stage to quash the crime against the petitioner. This Crl.M.C is accordingly dismissed in limine, without being admitted to files.

    Sd/-

    P.UBAID,

    JUDGE

    //True Copy// P.A to Judge ab

    4

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    SHAN K.V. v. MATHEW @ BABU
    (Jan 12, 2017)