High CourtsSingle Bench

V.V. Arun Kumar vs State Of Kerala

High Court Of Kerala · Decided on 8 January 2024 · Citation: (2024) 01 KL CK 0054

HON’BLE JUDGES
K.Babu, J
ACTS & SECTIONS REFERRED
Constitution of India, 1950 — Article 226 · Prevention of Corruption Act, 1988 — Section 17A
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Crl.) No.1273 Of 2023
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Judgment

13 paragraphs · 334 words

K.Babu, J

1.

The prayers in this Writ Petition (Criminal) filed under Article 226 of the Constitution of India are as follows:

“(i) To Issue a Writ of Mandamus or any other appropriate Writ, order or direction commanding the respondents 1 to 4, to compete the investigation on Ext-P1 Complaint, within such time as this Hon'ble Court may deems fit to fix, in the interest of justice.

(ii) To pass any such further orders as the petitioner may seek and this Hon'ble Court deem fit to grant.”

2.

On 20.12.2023, this Court passed the following order:

“The petitioner raised allegations of corruption against the officials of the Malabar Devaswom Board. He filed Ext.P1 complaint to the Director of Vigilance. It is submitted that the Director of Vigilance forwarded the complaint to the 1st respondent-Additional Chief Secretary, Department of Vigilance for approval under Section 17-A of the Prevention of Corruption Act.

2.

The application has been pending with the 1st respondent since 01.02.2023. The casual approach of the 1st respondent is evident from the delay in processing the application forwarded by the Director of Vigilance. Therefore, the 1st respondent is directed to take a decision on Ext.P1 within a period of 15 days from this date.

3.

Post on 05.01.2024.

The learned Public Prosecutor shall communicate the order to the 1st respondent forthwith.”

3.

Heard both sides.

4.

The learned Senior Public Prosecutor submitted that the VACB verified Ext.P1 complaint and addressed the competent authority for getting approval under Section 17-A of the Prevention of Corruption Act, 1988. The learned Senior Public Prosecutor, relying on the communication issued from the Additional Chief Secretary to Government of Kerala, submitted that the competent authority has accorded sanction to investigate into the allegations levelled in Ext.P1 complaint.

5.

Therefore, VACB shall register an FIR in the matter and proceed with the investigation in accordance with law. I hope that the VACB will finish the investigation as early as possible.

The Writ Petition (Criminal) is disposed of as above.