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2021 (4) TMI 1243 - HC - Indian LawsCriminal Misconduct - public servant, acting as quasi judicial authority under a statute - allegation against the petitioner is that he passed Annexure-VI order without verifying the back records and without ascertaining the factual position and therefore, he committed criminal misconduct - initiation of criminal proceedings against such quasi judicial adjudication - HELD THAT:- There can be no dispute with regard to the fact that the proceeding under Section 12 of the Act is a quasi judicial proceeding. In fact, it is specifically mentioned in this provision that, for the purpose of Section 199 of the Indian Penal Code, the proceedings taken under this provision shall be deemed to be judicial proceedings - An aggrieved party can file appeal as provided under Section 16(1) against an order passed under Section 12 of the Kerala Land Conservancy Act. Revision against such order is also provided under Section 16(2) of the Act, which states that the Collector may either suo motu or on application revise any decision made or order passed under the Act by an authorised officer. If a public servant, acting as a quasi judicial authority under a statute passes an order and if such order is in favour of a person other than the Government, any pecuniary advantage obtained by such person by virtue of such order, cannot be the basis for prosecution of the public servant under the PC Act, unless there is an allegation that he was actuated by extraneous considerations or oblique motives in passing the order - to fall within the four corners of sub-clause (ii) of clause (d) of Sub-section (1) of Section 13 of the P.C. Act, the decision/conduct of the public servant must be dishonest amounting to corruption. Mens rea, the intention and/or knowledge of wrong doing, is an essential condition of the offence of criminal misconduct under Section 13(1)(d)(ii) of the P.C. Act. The presumption under Section 20 of the P.C. Act does not apply to the offence under Section 13(1)(d)(ii) of that Act. The condition precedent to the commencement of investigation is that the F.I.R. must disclose, prima facie, that a cognizable offence has been committed. The right of the police to conduct investigation is conditioned by the existence of reason to suspect the commission of a cognizable offence and they cannot, reasonably have reason so to suspect unless the F.I.R., prima facie, discloses the commission of offence. If that condition is satisfied, the investigation must go on. The Court has then no power to stop the investigation. The Annexure-I F.I.R., as against the petitioner, is liable to be quashed by invoking the power of this Court under Section 482 of the Code - petition allowed.
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