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.
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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