The Kerala High Court in the case Saiby Jose Kidangoor v. The State Police Chief and Ors observed and has directed the Special Judge of the Vigilance Court shall consider the final report which is submitted by the investigating agency within the period of two months.
The court observed that the police, after completion of the investigation, had submitted the final report under Section 173 of the Code of Criminal Procedure, CrPC wherein it is stated that ‘further action dropped’ against Advocate Saiby Jose Kidangaoor.
In the present case, the Advocate Saiby was accused of collecting money from clients under the pretext of bribing judges of the High Court.
An FIR has been registered by the Ernakulam Central Police Station against the Advocate Saiby, by invoking offences stated under Section 7(1) of the Prevention of Corruption Act, 1988 and Section 420 of the Indian Penal Code, IBC.
The court noted that the police have completed the investigation and submitted the final report under Section 173 of the Code of Criminal Procedure, CrPC.
The bench headed by Justice K. Babu on perusing the final report observed and has directed that the final report shall be considered by the Special Judge.
The learned senior counsel appearing for the petitioner prayed for a direction to the Special Judge to consider the report in a time bound manner.
Therefore, Advocate Saiby had approached the High Court to quash all further proceedings initiated against him pursuant to the registration Crime No. 362/2023 of the Ernakulam Central Police Station based on the FIR.
The said court was informed by the Public Prosecutor that the investigating agency submitted a final report wherein it is stated that it was dropping charges and further actions against Advocate Saiby.
The counsel, Senior Advocate S. Sreekumar, and Advocates K. Anand, Babu S. Nair, M.R. Nandakumar and Martin Jose P. represented the petitioner.
