IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 Crl.MC.No. 782 of 2008() ---------------------------- VACB NR CR NO. 3 OF 2007 of VACB NORTHERN RANGE, KOZHIKODE .............................. PETITIONER: 1ST ACCUSED ------------------------------- DR. M.VIJAYAN (RTD. DY. DHS (NC), KERALA HEALTH SERVICE DEPARTMENT), "GANGOTHRY", CHEVARAMBALAM, KOZHIKODE-17. BY ADV. SRI.T.G.RAJENDRAN RESPONDENTS: COMPLAINANT/STATE ------------------------------------------- 1. DY. S.P., VACB, NORTHERN RANGE, KOZHIKODE. 2. STATE, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY ADV. SRI. P.N. SUKUMARAN, PUBLIC PROSECUTOR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: 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