Decided on February 06,2003



- (1.) This petition is filed under S.482 of the code of Criminal Procedure to quash Annexure - 1, F.I.R.No.VC - 3/97 dated 27-5-1997 of the Vigilance and Anti Corruption Bureau, Special Cell, Thiruvananthapuram and all further proceedings pursuant thereto, now pending before the Court of the Enquiry Commissioner and Special Judge, Thiruvananathapuram.
(2.) The petitioner, Sri. P.K. Lambodharan Nair is a retired Superintendent of Police. He is the accused in V.C.No.3/97 of the Vigilance and Anti Corruption Bureau, Special Cell, Thiruvananthapuram registered under S.13(2) read with S.13(1)(e) of the Prevention of Corruption Act, 1988, on the allegation that while he was holding various posts in the Police Department, he has amassed assets disproportionate to his known sources of income. He is alleged to be in possession of assets worth Rs. 15 lakhs as against his likely savings to the tune of Rs.7.2 lakhs. Earlier an enquiry was conducted against the petitioner by the Vigilance and Anti Corruption Bureau for the period from 1994 to 1997 on the basis of a petition forwarded by the Government. In that case also it was alleged that the petitioner acquired assets disproportionate to his known sources of income. The Vigilance and Anti corruption Bureau conducted an in - depth enquiry and forwarded a report to the Government stating that the allegations levelled against the petitioner were unsustainable. The Government accepted the enquiry report and dropped further action against the petitioner.
(3.) The Superintendent of Police, Special Cell registered case No.V.C.3/97 against the petitioner on 27-5-1997 alleging the commission of offences under S.13(2)read with S.13(1) (e) of the P.C. Act. The petitioner was suspended from service on 8-7-1997 by the Government on the basis of the report submitted by the Superintendent of Police who registered Annexure - 1, F.I.R. The petitioner moved this Court by filing an Original Petition No. 800 / 98 to revoke the suspension order. This Court by judgment dated 17-11-1993 , directed the Government to complete the investigation within six months from 17-11-1998. Annexure - V is the copy of the judgment of the Division Bench of this Court. In spite of Annexure - V order the investigation was not completed and at last the petitioner was reinstated in service on 18-05-1999. The petitioner retired from service on 30-09-2000. Because of the pendency of Annexure - 1 the petitioner had not been given his full pensionary benefits. According to the petitioner, he is falsely implicated in the case by the then Superintendent of Police, Vigilance and Anti Corruption Bureau, Sir. A. Surendran to wreak vengeance against him. It is alleged that Annexure - 1, F.I.R. was registered by extraneous consideration and pressure and it was actuated by malafides. Hence it is prayed that Annexure - 1, F.I.R. and all proceedings pursuant thereto pending before the court of Enquiry Commissioner and Special Judge, Thiruvananthapuram may be quashed exercising the powers under S.482 of the Code of Criminal Procedure.;

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