IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 Crl.MC.No. 1176 of 2010 -------------------------------------- CC.2/2010 of EC & SPL. JUDGE (VIGILANCE), KOTTAYAM .................... PETITIONER/ACCUSED: DR.MOHAMMED HANEEF,S/O.HYDER MUSALIAR, AGED 56 YEARS, KAKKANATT HOUSE, EVANJELICAL CHURCH ROAD, VALIYAMARAM WARD, ALAPPUZHA MUNICIPALITY NOW RESIDING AT "HALEEMA BHAVAN", PADA NORTH, KARUNAGAPPALLY 690 518. BY ADV. SRI.T.RAMPRASAD UNNI SRI.MANU TOM RESPONDENTS/STATE & COMPLAINANT: 1. STATE OF KERALA,REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALAM, ERNAKULAM. 2. THE STATE OF KERALA REPRESENTED BY ADDITIONAL CHIEF SECRETARY, GOVT. OF KERALA, DEPARTMENT OF HOME & VIGILANCE, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH & FAMILY WELFARE, GOVT. OF KERALA THIRUVANANTHAPURAM. 4. THE DIRECTOR,VIGILANCE & ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM. 5. THE DEPUTY SUPERINTENDENT OF POLICE, VACB, ALAPPUZHA. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.1176 of 2010 -------------------------- ORDER Petitioner is the accused in C.C.No.2/2010 on the file of Enquiry Commissioner & Special Judge (Vigilance), Kottayam. This petition is filed under Section 482 of Code of Criminal Procedure to quash the cognizance taken contending that learned Special Judge should not have taken cognizance without sanction. 2. Learned senior counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned Special Judge cannot take cognizance of an offence under Prevention of Corruption Act, if sanction is necessary. The question whether sanction is necessary or not is to be considered by the learned Special Judge. I find it not necessary for this Court to consider the question at this stage, as petitioner could be permitted to raise CRMC 1176/10 2 that contention before the learned Special Judge. The only grievance could be that learned Special Judge may insist for the personal presence of the accused. For considering the question whether sanction is necessary and if necessary, whether cognizance taken is valid, without sanction, presence of the petitioner need not be insisted by the learned Special Judge. Petition is disposed granting liberty to the petitioner to raise all the contentions raised herein before the learned Special Judge. Learned Special Judge not to insist for the presence of the petitioner for the purpose of hearing the question whether sanction is necessary or not to take cognizance of the offence under Prevention of Corruption Act against the petitioner. 9th April, 2010 (M.Sasidharan Nambiar, Judge) tkv