IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 Crl.MC.No. 4142 of 2009() ------------------------- CC.224/2008 of ENQUIRY COMMISSION AND SPECIAL JUDGE, KOTTAYAM .................... PETITIONER(S): 3rd ACCUSED ---------------------- 1. T.C. JOSEPH, THAZHATHU VALIYANAYIL HOUSE, NEAR NES BLOCK, MADAPPALLY. 2. K.C. SREEKUMAR, SREENIVASA HOUSE, MADAPPALLY VILLAGE. BY ADV. SRI.SIBY MATHEW SRI.PHILIP J.VETTICKATTU SRI.B.PREMNATH (E) RESPONDENT(S): --------------- STATE OF KERALA (INSPECTOR OF POLICE, VACB KOTTAYAM UNIT KOTTAYAM, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/12/2009, ALONG WITH CRL.M.C.4143/09, 4144/09, 4145/09 AND 4157/09 THE COURT ON THE SAME DAY PASSED THE FOLLOWING: M.SASIDHARAN NAMBIAR,J. ----------------------------------------------------------------------------------- Crl.M.C.NO.4142,4143, 4144,4145 &4157 OF 2009 ---------------------------------------------------------------------------------- Dated 22nd December 2009 O R D E R Petitioners in Crl.M.C.4142/2009 are accused 2 and 3 in C.C.224/2008. Petitioner in Crl.M.C.4143/2009 is the third accused in C.C.222/2008. Petitioners in Crl.M.C.4144/2009 are accused 3 and 4 in C.C.221/2008. Petitioner in Crl.M.C.4145/2009 is the third accused and petitioners in Crl.M.C.4157/2009 are accused 4 and 5 in C.C.223/2008. All the cases are pending before Special Judge, Vigilance, Kottayam taken cognizance for the offences under Sections 13(1)(c) and (d) read with Section 13(2) of Prevention of Corruption Act and Sections 409, 477 A, 471, 468 and 120(B) of Indian Penal Code. 2 Petitions are filed under Section 482 of Code of Criminal Procedure contending that learned Special Judge should not have taken cognizance of the offences when no sanction was granted to prosecute them as provided under Section 19 of the P.C.Act and therefore, cognizance taken is illegal. Petitioners have produced the copy of the order in Crl.M.C.3661/2009 in respect of similar case, taken cognizance by the learned Special Judge and quashed for want of sanction under Section 19 of the Act. 2. Learned counsel appearing for the petitioners and learned Public Prosecutor were heard. 3. Learned Public Prosecutor submitted that in none of these cases sanction was obtained under Section 19 of 3 P.C Act to prosecute the petitioners and therefore, the reason applicable for quashing the cognizance taken, in Crl.M.C.3661/2009 squarely applies to the petitioners herein also. Learned counsel appearing for the petitioners also submitted that though sanction was applied for, it was not granted and in such circumstances, learned Special Judge could not have taken cognizance of the offences under the P.C.Act, and the cognizance taken can only be quashed. Learned Public Prosecutor submitted that final report will be re-submitted with sanction and if sanction is not obtained, it will be presented before the appropriate court for prosecuting the accused for the offences under Indian Penal Code. 4 In such circumstances, all the petitions are allowed. Cognizance taken by the Special Judge as against petitioners in C.C.221/2008 and 222/2008, 223/2008 and 224/2008 can only be quashed because while taking cognizance of the offences, Special Judge did not consider the question of want of sanction. Cognizance taken in all these cases are quashed. Learned Special Judge is directed to re-consider the question afresh and not to take cognizance against the petitioners for the offence under the Prevention of Corruption Act without sanction as provided under Section 19. M.SASIDHARAN NAMBIAR, JUDGE. uj.