High Court Kerala High Court

Dr. M.Vijayan (Rtd. Dy. Dhs (Nc) vs Dy. S.P on 18 March, 2008

Kerala High Court
Dr. M.Vijayan (Rtd. Dy. Dhs (Nc) vs Dy. S.P on 18 March, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl MC No. 782 of 2008()


1. DR. M.VIJAYAN (RTD. DY. DHS (NC),
                      ...  Petitioner

                        Vs



1. DY. S.P.,
                       ...       Respondent

2. STATE, REP. BY PUBLIC PROSECUTOR,

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  :PUBLIC PROSECUTOR

The Hon'ble MR. Justice V.RAMKUMAR

 Dated :18/03/2008

 O R D E R
                         V. RAMKUMAR , J.
               ==========================
                  CRL.M.C. No. 782 of 2008
               ==========================
                Dated this the 18th day of March, 2008.

                                O R D E R

The petitioner, who is the accused in VACB NR Cr No. 3 of 2007

registered for offences punishable under Section 13(2) of the

Prevention of Corruption Act for the alleged commission of an offence

under under Section 13(1)(d) of the Prevention of Corruption Act,

1988 r/w Section 120 B IPC, seeks to quash the Annexure I FIR and all

further proceedings.

It is too early to accept the petitioner’s contention that he has

been falsely implicated in the case by the Vigilance Police. This Court

will not, without anything more, quash the FIR or stay the

investigation of the crime. If, however, the petitioner has relevant

material with him which might exculpate him with regard to the

allegations in Annexure I FIR, he is free to produce the same before

the Dy.S.P, VACB, Northern Range, Kozhikode. In case the petitioner

is charge sheeted by the police and the allegations in the charge sheet

do not make out the offences alleged, he shall be free to seek

appropriate relief before the appropriate forum if so advised.

Reserving this right of the petitioner, this Crl.M.C is dismissed.

V. RAMKUMAR, JUDGE.

rv