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. 1041 of 2008() ------------------------- CRIME NO.VC/4/05/TVM REGISTERED BY THE DY.SP OF POLICE PETITIONER: 5TH ACCUSED DR.BIJU RAMESH S/O. SRI.G.RAMESAN AGED 42, 'SAMPTHRIPTHI' KOTTAKKAKAM, KIZHAKKEKOTTA, TRIVANDRUM. BY ADV. SRI.G.S.REGHUNATH RESPONDENTS: 1. STATE OF KERALA REP. BY THE SECRETARY TO GOVERNMENT (HOME) SECRETARIAT, TRIVANDRUM. 2. THE DISTRICT COLLECTOR, COLLECTORATE TRIVANDRUM. 3. THE DIRECTOR OF VIGILANCE AND ANTICORRUPTION BUREAU, TRIVANDRUM. 4. THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTICORRUPTION BUREAU, TRIVANDRUM. 5. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA. ERNAKULAM. BY PUBLIC PROSECUTOR SRI.M.S.BREEZ 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.1041 of 2008 = = = = = = = = = = = = = = Dated this the 18th day of March, 2008 ORDER The petitioner who is the 5th accused in Crime No.VC 4/085/TVM registered by the Deputy Superintendent of Police, VACB, Thiruvananthapuram, for offences punishable under Section 13(2) for the alleged contravention of Section 13(1)(d) of the Prevention of Corruption Act, 1988 read with 120B IPC seeks to quash Annexure A1 FIR and the consequent investigation. 2. According to the petitioner, he is not a public servant. An offence punishable under Section 13(2) of the Prevention of Corruption Act cannot be alleged against him as he is not a public servant and the judgment in LARs 8 and 9 of 2001 on the file of the Addl.Sessions Court, Thiruvananthapuram will show that far from any criminal conspiracy and unjust enrichment, the claimants were awarded amounts far below the reasonable compensation which they were legitimately entitled to. 3. The petitioner is roped in not merely under Section 13 (2) of the P.C Act but with the aid of 120B IPC and therefore his contention that he cannot be prosecuted for an offence Crl.M.C.No.1041 of 2008 2 punishable under Section 13(2) of the PC Act for the reason that he is not a public servant cannot be entertained ( vide Prabhu v. Union of India ( 2003(1)KLT 631) 4. As for the other contention that in the light of the decision of the Additional Sessions Court, Thiruvananthapuram in LAR Nos.8 and 9 of 2001, the case of the prosecution cannot be accepted, that is a matter to be considered during the investigation of the case. First of all the decision of the civil court is not binding on the criminal court (See Premshankar v. I.G of Police (AIR 2002 SC 3372). Secondly, the matter is still under investigation and at this stage of investigation, this Court will not quash the FIR and stay the further investigation of the case. In case the petitioner is charge sheeted, he can resort to the legal remedies available to him under law, in case the charge sheet gives him a cause of action. Reserving the above right of the petitioner, this Crl.M.C is dismissed. V. RAMKUMAR, JUDGE sj