vague allegations - FIR Quashed

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT

THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH

WEDNESDAY, THE 15TH DAY OF MARCH 2023 / 24TH PHALGUNA, 1944

CRL.MC NO. 8766 OF 2022

(AGAINST FIR NO.VC.06/2022/TSR OF VIGILANCE & 

ANTI-CORRUPTION BUREAU, THRISSUR)

13. The FIR contains two parts. In the first part, the offences

under the unamended PC Act of 1988 have been invoked, and in the

second part, the offence under the amended Act of 2018 has been

invoked. The allegation in the first part is that the accused Nos.5 to

10 conspired with public servants in various departments from 2003

onwards to illegally perform mining activities in the land in question

purchased in the name of the company, paid land tax and generated

other certificates to produce before the Mining and Geology

Department for getting mining sanction wrongfully. The allegation in

the second part is that the accused Nos.1 to 4 conspired with the

accused Nos. 5 to 10 by misusing their official capacity and by

violating certain provisions and suppressing the report of the

Crl.M.C.Nos.8766/2022, 

1338 & 1480/2023

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Tahasildar (Ceiling and Return), issued the impugned order in favour

of the company for exempting the land in question as a commercial

site for the quarrying purpose by accepting pecuniary benefits,

without public interest. 

14. The offences alleged under the first part are punishable

under Sections 13(2) r/w 13(1)(d) (i, ii iii) of the PC Act, 1988 and

Section 120B of IPC. To attract Section 13(d) (i), (ii) & (iii), there must

be an allegation that the public servant by corrupt or illegal means or

by abusing his official position as a public servant or without any

public interest, obtained for himself or for any other person any

valuable thing or pecuniary advantage. As stated already, the only

allegation in the first part of the FIR is that the accused Nos.5 to 10

conspired with public servants of various departments from 2003

onwards for illegally performing mining activities on the land

purchased in the name of the Company. The said allegation is so

vague. The allegation does not speak about any illegal gratification,

nor does it say that any specified public servant obtained any

pecuniary advantage or valuable thing either for himself or for the

company by abusing their official position. There is also no allegation

Crl.M.C.Nos.8766/2022, 

1338 & 1480/2023

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that the accused Nos.5 to 10 bribed any of the public servants for

obtaining various certificates for performing mining activities in the

land in question. In the investigation conducted so far, the

investigating agency could not locate or pinpoint the so-called public

servants who were allegedly involved in the offences that fall within

the first part. Thus, there is absolutely nothing to attract Section 13(1)

(d) (i), (ii) & (iii) of the PC Act, 1988.