A.J. Rajan vs State Of Kerala

Dr Kauser Edappagath, J

This Crl.M.C. has been filed to set aside Annexures D & E court charge and to quash all further proceedings in C.C.No.11/2015 on the files of the Enquiry Commissioner and Special Judge, Thiruvananthapuram (for short, 'the court below').

The petitioner is the accused No.1. He is a retired IAS Officer. He is aged 72 years. The offences alleged are punishable under Sections 13(2), 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act and Sections 409, 201, 120B of the Indian Penal Code.

The petitioner was working as Director and the accused No.2 was working as Financial officer of the Directorate of Scheduled Caste Development Department, Thiruvananthapuram during 2002-2003. The prosecution allegation is that the petitioner and the accused No.2 conspired with the accused No.3, who is a private person and Proprietor of Indian Institute of Computer Technology, Varkala, and in furtherance of the conspiracy, the petitioner selected the said institution for imparting computer training to SC students and sanctioned an amount of Rs.3,60,000/- as 75% of the course fee and PGDCA course for 4 students at the rate of Rs.20,000/- per student and fee of DHW & NW course for 20 students at the rate of Rs.20,000/- per student by violating the norms of SCA to SCP scheme being financially assisted by the Government of India. It is further alleged that the accused No.3 entered into a criminal conspiracy with the petitioner and the accused No.2 and obtained sanction for his ineligible institution to conduct computer training to SC students. It is also alleged that eventhough the accused No.3 did not request for any advance payment, the petitioner and the accused No.2 sanctioned the above amount for their pecuniary advantage.

The court below after hearing both sides, framed charge against the petitioner as well as the accused Nos.2 and 3 for the offences punishable under Sections 13(2), 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act r/w Sections 409, 201, 120B of the Indian Penal Code.

I have heard Sri. N.Nandakumara Menon, the learned Senior counsel appearing for the petitioner and Smt.S.Rekha, the learned Senior Public Prosecutor.

The learned counsel for the petitioner submitted that even if the entire allegations in the FIS together with the materials collected during the investigation are believed in toto, no offences under Sections 13(2), 13(1)(c) and 13(1)(d) of the Prevention of Corruption Act r/w Sections 409, 201, 120B of the Indian Penal Code are made out against the petitioner. On the other hand, the learned Public Prosecutor submitted that there are prima facie materials to show the involvement of the petitioner in the crime and when a prima facie case is established, the jurisdiction vested with this Court under Section 482 of Cr.P.C cannot be invoked.

Having heard the learned Senior counsel for the petitioner and the learned Public Prosecutor, I am not inclined to invoke the jurisdiction vested with this Court under Section 482 of Cr.P.C. There are sufficient grounds to proceed against the petitioner. Hence, the petitioner is not entitled to the relief sought for in the petition.

The learned Senior counsel for the petitioner submitted that the petitioner is a senior citizen, aged 72 years and there are 5 more cases against him pending before the court below with identical allegations. The learned Senior counsel further submitted that the petitioner finds it difficult to appear before the court below in all the 5 cases on different dates, and, hence, there may be a direction to the court below to post all the 5 cases on the same day. The counsel also submitted that there may also be a direction to the court below for a joint trial of all the 5 cases, if it is permissible under law. In these circumstances, there shall be a direction to the court below to post all the 5 cases (C.C.Nos.17/2014, 7/2015, 11/2015, 12/2015 and 13/2015) of the petitioner on the same day. If an application for joint trial is moved by the petitioner, the same shall be considered by the court below, in accordance with law, and pass appropriate orders .

This Crl.M.C is disposed of as above.