CRL.MC NO. 1276 OF 2023 1 2025:KER:29449 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 CRL.MC NO. 1276 OF 2023 CRIME NO.12/2022 OF VACB, THRISSUR, Thrissur PETITIONER/ ACCUSED NO.3 : SIJO P.S, AGED 40 YEARS S/O P.K.SASI,RESIDING AT PANANGAT HOUSE, KAVILKADAVU, KODUNGALLUR P.O.,THRISSUR DISTRICT., PIN - 680664 BY ADVS. T.C.SURESH MENON B.DEEPAK RESPONDENT S / COMPLAINTS : 1 STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR,HIGH COURT OF KERALA,ERNAKULAM., PIN - 682031 2 GIRI, S/O RAMANKUTTY, RESIDING AT PULIYATHU PARAMBIL, MADAYIKKONAM VILLAGE, MUKUNDAPURAM, THRISSUR DISTRICT., PIN - 680712 BY ADVS. R.MAHESH MENON SACHIN.P.K(K/805/2023) VARGHESE XAVIER(K/642/2023) OTHER PRESENT: CRL.MC NO. 1276 OF 2023 2 2025:KER:29449 SR PP SMT REKHA S, SPL PP(VIG) SRI A RAJESH THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 04.04.2025, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: CRL.MC NO. 1276 OF 2023 3 2025:KER:29449 ORDER The petitioner is the 3rd accused in Crime No.12/2022/TSR of the file of the Vigilance and Anti Corruption Bureau, Thrissur. He seeks to quash Annexure A FIR in the said crime in this petition filed under Section 482 of the Code of Criminal Procedure, 1973. 2. Heard the learned counsel for the petitioner, the learned senior Public Prosecutor and the learned counsel for the 2nd respondent. 3. The 2nd respondent is the de facto complainant. He filed a complaint before the Enquiry Commission of Special Bench Thrissur, alleging that accused Nos.1 to 4 arraigned in the said complaint committed the offences punishable under Sections 13(1)(d) r/w 13(2) of the Prevention of Corruption Act, 1988 (‘PC.Act’ for short) and Section 120B of the Indian Penal Code, 1860. 4. As per order dated 05.03.2018, the Special Court directed the Superintendent of Police, VACB, Thrissur to conduct a preliminary enquiry. Pursuant to the said direction, an enquiry was conducted and a report was submitted before the Special Court. Departmental action against the Government servants among the accused was recommended. Commission of any criminal offence was not found. In protest thereof, the 2nd respondent filed Crl.M.P.No.203/2018. The Special Court as per order dated 30.08.2022 directed the Deputy Superintend of Police, VACB, Thrissur to register a CRL.MC NO. 1276 OF 2023 4 2025:KER:29449 crime and conduct an investigation. 5. As rightly pointed out by the learned counsel for the petitioner the said order directing investigation is illegal inasmuch as no sanction for prosecution under Section 19(1) of the PC Act was obtained. No much deliberation on that aspect is required, since, a perusal of the order of the Special Court dated 13.08.2022 reveals that without obtaining such a sanction, an investigation was ordered. 6. In Anilkumar v. M.S.Aiyappa [2013 10 SCC 705] the Apex Court in unequivocal terms held that, in order to direct an investigation by a special court on a complaint involving an offence under the PC Act, sanction under Section 19(1) of the PC Act is a condition precedent. Therefore, the order of the Special Court directing investigation without obtaining such a sanction cannot sustain in law. This Court after adverting to the law laid down in Anilkumar’s (supra) held in Muhammed V.A. v. State of Kerala [(2019 (1) KHC 239] held that a special Judge cannot order investigation against a public servant by invoking powers under Section 156(3) of the Code without provisions sanction from the competent authority. 7. In the light of the above proposition of law, any further action in the matter can be taken up only with sanction from the competent authority under section 19(1) of the PC Act. Accordingly, this Crl.M.C. is disposed of and respondent is directed to desist from proceeding with investigation in Crime No.No.12/2022 of VACB, Thrissur, unless and until the 2nd CRL.MC NO. 1276 OF 2023 5 2025:KER:29449 respondent/complainant obtains and produces sanction under Section 19(1) of the Pct Act for prosecuting the accused, who is public servant. Sd/ P.G. AJITHKUMAR JUDGE jm/ CRL.MC NO. 1276 OF 2023 6 2025:KER:29449 APPENDIX OF CRL.MC 1276/2023 PETITIONER ANNEXURES Annexure-A TRUE COPY OF THE FIRST INFORMATION REPORT NO.12/2022/TSR, DATED 29.11.2022. Annexure-B TRUE COPY OF THE COMPLAINT CRL.M.P. NO.203/2018 FILED BY THE 2ND RESPONDENT, DATED 18.1.2019. Annexure-C TRUE COPY OF THE COMPLAINT EARLIER FILED BY THE 2ND RESPONDENT, DATED 15.2.2017. Annexure-D TRUE COPY OF THE STATEMENT FILED BY THE 2ND RESPONDENT, DATED 28.3.2018. Annexure-E TRUE COPY OF THE STATEMENT FILED BY THE 1ST ACCUSED, DATED 3.4.2018. Annexure-F TRUE COPY OF THE STATEMENT FILED BY THE 2ND ACCUSED, DATED 10.4.2018. Annexure-G TRUE COPY OF THE STATEMENT FILED BY THE 3RD ACCUSED, THE PETITIONER, DATED 11.4.2018. Annexure-H TRUE COPY OF THE STATEMENT FILED BY THE 5TH ACCUSED, DATED 4.4.2018. Annexure-I TRUE COPY OF THE PRELIMINARY ENQUIRY REPORT OF THE DY.S.P., VIGILANCE & ANTI- CORRUPTION BUREAU, THRISSUR, DATED 26.5.2018. Annexure-J TRUE COPY OF THE CHARGE SHEET ISSUED BY THE CHIEF ENGINEER, LSGD, THIRUVANANTHAPURAM, DATED 11.3.2019. Annexure-K TRUE COPY OF THE REPLY SENT BY THE PETITIONER TO ANNEXURE-J, DATED 3.4.2019. Annexure-L TRUE COPY OF THE LETTER NO.E.2/AEE/VLGR ISSUED BY THE ASSISTANT EXECUTIVE ENGINEER, LSGD SUB DIVISION, CRL.MC NO. 1276 OF 2023 7 2025:KER:29449 VELLANGALLUR BLOCK PANCHAYATH, DATED 3.4.2019. RESPONDENT ANNEXURES Annexure R2(a) A TRUE COPY OF THE APPLICATION FOR BUILDING PERMIT SUBMITTED BY PETITIONER’S NEIGHBOURS Annexure R2(b) A TRUE COPY OF THE PLAN FOR BUILDING PERMIT SUBMITTED BY PETITIONER’S NEIGHBOURS Annexure R2(c) A TRUE COPY OF THE REPRESENTATION DATED 15.11.2017 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Annexure R2(d) A TRUE COPY OF THE ORDER DATED 05.03.2018 IN CRL. M. P. NO. 203 OF 2018 PASSED BY THE HON'BLE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE), THRISSUR Annexure R2(e) A TRUE COPY OF THE PRELIMINARY ENQUIRY REPORT SUBMITTED BY THE DY. S.P., V.A..C.B., THRISSUR BEFORE THE HON'BLE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE), THRISSUR DATED NIL Annexure R2(f) A TRUE COPY OF THE INTERIM ORDER DATED 20.11.2020 PASSED BY THIS HON’BLE COURT IN W. P. (C) NO. 9214 OF 2020