Basheer M. vs State of Kerala

Type Court Judgment Court Kerala Orders Decided Sep 19, 2023

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Citation: sooperkanoon.com/1335613
Court: Kerala Orders High Court
Judge: Honourable Mr.Justice K. Babu
Decided On: Sep 19, 2023
Case Number: Crl.MC/777/2022

Parties & Advocates

Appellant / Petitioner

Basheer M.

Respondent

State of Kerala

Excerpt

.....the vigilance conducted search in the premises where the petitioner is residing along with his family and seized a sum of rs.1,77,090/- and title deeds in respect of the immovable properties.3. the petitioner filed cmp no.212/2021 in vc no. 06/2021/sck under section 451 cr.p.c. seeking release of the money and title deeds seized by the vigilance. the court below dismissed the application as per annexure a3order.4. the learned senior public prosecutor submitted thatthe vigilance has filed an application under section 18-a of the prevention of corruption act, 1988, to proceed against the seized articles. in fact, the contention of the petitioner in this crl.m.c, is that the investigating agency ought to have invoked the provisions of section 18-a of the pc act.5. in view of the fact that the vigilance has submittedan application under section 18-a of the pc act, this crl.m.c, has become infructuous. it is made clear that the court below is at liberty to decide the application preferred under section 18-a of the pc act, irrespective of the impugned order passed in cmp no.212/2021.this crl.m.c. is closed as infructuous. sd/- k.babu, judge saap appendix of crl.mc 777/2022 petitioner annexures annexure1 a true copy of the agreement dated 06-10- 2021 between the petitioner and ussain annexure2 a true copy of the affidavit and petition dated 12-11-2021 in cmp no.212/2021 in vc commissioner and special judge, kozhikode annexure3 certified copy of the order dated 05-01- 2022 in cmp no.212/2021 in vc 06/2021/sck of the enquiry commissioner and special judge, kozhikode //true copy//pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE K. BABU TUESDAY, THE 19TH DAY OF SEPTEMBER 2023 / 28TH BHADRA, 1945 PETITIONER: BASHEER M. AGED 54 YEARS PARAVATHANI HOUSE, KARASSERY, VIA MUKKOM, KOZHIKODE DISTRICT., PIN - 673602 BY ADV ADITHYA RAJEEV RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, KOCHI-, PIN - 682031 2 SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, SPECIAL CELL OFFICE OF THE SUPERINTENDENT OF POLICE, THONDAYAD, KOZHIKODE DISTRICT, PIN - 673016 BY ADV ADVOCATE GENERAL OFFICE KERALA OTHER PRESENT: REKHA,SR PP THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 19.09.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
K.BABU, J.
-------------------------------------- Crl.M.C.No.777 of 2022 --------------------------------------- Dated this the 19th day of September, 2023

ORDER

The prayer in this Crl.M.C. is as follows:- “(i) this Hon'ble Court may be pleased to quash Annexure-III order and direct the release of the sum of Rs.1,77,090/- (Rupees One Lakh Seventy Seven thousand and Ninety only) and document number 1558 of 2016 of the SRO Mukkom seized from the petitioner's house by the police on 03.11.2021.”

2. The petitioner is the accused in VC No.06/2021/SCK.

During the course of investigation, the Vigilance conducted search in the premises where the petitioner is residing along with his family and seized a sum of Rs.1,77,090/- and title deeds in respect of the immovable properties.

3. The petitioner filed CMP No.212/2021 in VC No. 06/2021/SCK under Section 451 Cr.P.C. seeking release of the money and title deeds seized by the Vigilance. The Court below dismissed the application as per Annexure A3

order.

4. The learned Senior Public Prosecutor submitted that

the Vigilance has filed an application under Section 18-A of the Prevention of Corruption Act, 1988, to proceed against the seized articles. In fact, the contention of the petitioner in this Crl.M.C, is that the Investigating agency ought to have invoked the provisions of Section 18-A of the PC Act.

5. In view of the fact that the Vigilance has submitted

an application under Section 18-A of the PC Act, this Crl.M.C, has become infructuous. It is made clear that the Court below is at liberty to decide the application preferred under Section 18-A of the PC Act, irrespective of the impugned order passed in CMP No.212/2021.

This Crl.M.C. is closed as infructuous. Sd/- K.BABU, JUDGE saap APPENDIX OF CRL.MC 777/2022 PETITIONER ANNEXURES Annexure1 A TRUE COPY OF THE AGREEMENT DATED 06-10- 2021 BETWEEN THE PETITIONER AND USSAIN Annexure2 A TRUE COPY OF THE AFFIDAVIT AND PETITION DATED 12-11-2021 IN CMP NO.212/2021 IN VC COMMISSIONER AND SPECIAL JUDGE, KOZHIKODE Annexure3 CERTIFIED COPY OF THE ORDER DATED 05-01- 2022 IN CMP NO.212/2021 IN VC 06/2021/SCK OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOZHIKODE //True copy//PA to Judge

Same Court & Year Kerala Orders · 2023 Same Parties Basheer M. vs State of Kerala Same Judge Honourable Mr.Justice K. Babu