Kerala High Court

Rajan S.P vs District Police Chief (Rural) on 23 June, 2023

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
        THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
    FRIDAY, THE 23RD DAY OF JUNE 2023 / 2ND ASHADHA, 1945
                  WP(CRL.) NO. 1289 OF 2022


PETITIONER:

          RAJAN S.P.,
          AGED 53 YEARS
          PROPRIETOR, M/S. FRIENDS DRIVING SCHOOL,
          SRAMBIKKAL HOUSE, AYYAMPILLY.P.O.,
          NORTH PARUR TALUK, ERNAKULAM DISTRICT - 682501.
          BY ADVS.
          G.HARIHARAN
          PRAVEEN.H.
          K.S.SMITHA
          V.R.SANJEEV KUMAR
          GENTLE C.D.



RESPONDENTS:

    1     DISTRICT POLICE CHIEF (RURAL),
          ERNAKULAM DISTRICT AT ALUVA - 683101.
    2     DEPUTY SUPERINTENDENT OF POLICE ,
          VIGILANCE AND ANTI-CORRUPTION BUREAU,
          KATHRIKADAVU, ERNAKULAM - 682001.
    3     MR.VINODKUMAR,
          MOTOR VEHICLE INSPECTOR,
          SUB REGIONAL TRANSPORT OFFICE, NORTH PARUR,
          ERNAKULAM DISTRICT - 683 513.
    4     MR.SALIM VIJAYAKUMAR
          JOINT REGIONAL TRANSPORT OFFICER,
          SUB REGIONAL TRANSPORT OFFICE, NORTH PARUR,
          ERNAKULAM DISTRICT - 683 513.
    5     MR.SHABEER,
          NOW WORKING AS RTO, MUVATTUPUZHA,
          REGIONAL TRANSPORT OFFICER,
          MUVATTUPUZHA, ERNAKULAM DISTRICT.
    6     MR.ANANDAKRISHNAN,
          REGIONAL TRANSPORT OFFICER,
          REGIONAL TRANSPORT OFFICE, CIVIL STATION,
          KAKKANAD, ERNAKULAM DISTRICT - 682 030.
    7     DEPUTY TRANSPORT COMMISSIONER,
          CENTRAL ZONE -II, KAKKANAD,
          ERNAKULAM DISTRICT - 682030.
 WP(CRL.) 1289/2022

                                     2



        8       TRANSPORT COMMISSIONER,
                TRANS TOWERS, VAZHUTHACAUD,
                THIRUVANANTHAPURAM - 695014.
        9       REGIONAL TRANSPORT OFFICER,
                REGIONAL TRANSPORT OFFICE, CIVIL STATION,
                KAKKANAD, ERNAKULAM DISTRICT - 682 030.
       10       THE DIRECTOR,
                VIGILANCE AND ANTI-CORRUPTION BUREAU,
                VIKAS BHAVAN,THIRUVANANTHAPURAM - 695 033.
                BY ADVS.
                ADVOCATE GENERAL OFFICE KERALA
                P.M.MANOJ
                MARTIN JOSE P
                P.ANTO THOMAS(K/911/2009)
                HAMZATH ALI V.K.(K/953/2021)
                SAFWAN K.(K/1735/2021)
                SR.PP SMT.REKHA S.



 THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION
 ON 23.06.2023, THE COURT ON THE SAME DAY DELIVERED THE
 FOLLOWING:
 WP(CRL.) 1289/2022

                                                3




                                         JUDGMENT

Dated this the 23rd day of June, 2023

The petitioner is the owner of a driving school,

namely, M/s.Friends Driving School, Ayyampilly. The

3rd respondent herein is the Motor Vehicle Inspector

at Sub Regional Transport Office, North Parur.

Petitioner filed Exts.P3 and P4 complaints against the

3rd respondent, alleging that he has demanded and

accepted the bribe from the persons expecting to get

the driving licence and learner's licence. Similar

complaints were also filed by some other persons

against the 3rd respondent as Exts.P15 and P17.

2. This writ petition has been filed to give a direction to

the 1st and 2nd respondents to conduct an enquiry on

Exts.P3, P4, P15 and P17 and to take appropriate WP(CRL.) 1289/2022

follow-up action.

3. The Inspector of Police, Vigilance & Anti-Corruption

Bureau, Special Cell, Ernakulam; submitted two reports

dated 08.02.2023 and 06.06.2023. It is stated in the

report that a thorough enquiry was conducted on the

complaints mentioned above, and no evidence has

been received against the 3rd respondent during the

enquiry to initiate any action against him under the

provisions of the Prevention of Corruption Act, 1988.

4. In these circumstances, this writ petition is closed with

liberty to the petitioner to initiate appropriate legal

action, if any.

sd/-

DR.KAUSER EDAPPAGATH JUDGE

AMV/23/06/2023 WP(CRL.) 1289/2022

APPENDIX OF WP(CRL.) 1289/2022

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE LICENCE ISSUED BY THE LICENSING AUTHORITY ATTACHED TO THE REGIONAL TRANSPORT OFFICE, ERNAKULAM IN THE NAME OF THE PETITIONER FOR CONDUCTING A MOTOR DRIVING SCHOOL. EXHIBIT P2 TRUE COPY OF THE ONE SUCH NEWS ITEM PUBLISHED IN MALAYALA MANORAMA COCHIN EDITION DATED 19.12.2022 HIGHLIGHTING ABOUT THE BRIBE BEING COLLECTED BY THE MOTOR VEHICLE INSPECTOR IN KUMILY CHECK POST.

EXHIBIT P3 TRUE COPY OF THE WRITTEN COMPLAINT DATED 14.09.2022 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 15.10.2022 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ACKNOWLEDGEMENT DATED 15.10.2022 ISSUED FROM THE OFFICE OF THE 1ST RESPONDENT.

  EXHIBIT P6         TRUE COPY OF THE STOP MEMO DATED
                     21.10.2022     ISSUED      BY    THE     9TH
                     RESPONDENT.
  EXHIBIT P7         TRUE COPY OF THE ONE SUCH NEWS ITEM

PUBLISHED IN MALAYALA MANORAMA COCHIN EDITION DATED 16.10.2022.

EXHIBIT P8 TRUE COPY OF THE NOTICE DATED 17.10.2022 ISSUED BY THE 4TH RESPONDENT ADDRESSED TO THE PETITIONER. EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS DATED 16.12.2022 ISSUED BY THE 9TH RESPONDENT SUSPENDING THE LICENCE OF THE PETITIONER'S DRIVING SCHOOL FOR 15 DAYS.

EXHIBIT P10 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MATHRUBHOOMI DAILY ERNAKULAM EDITION DATED 19.12.2022.

EXHIBIT P11 TRUE COPY OF THE NEWS ITEM PUBLISHED IN MADHYAMAM DAILY ERNAKULAM EDITION DATED 19.12.2022.

EXHIBIT P12 TRUE COPY OF THE FIR IN CRIME NO.919/2022 OF MUNAMBAM POLICE STATION WP(CRL.) 1289/2022

ON 18.10.2022.

EXHIBIT P13 TRUE COPY OF THE ORDER DATED 09.11.2022 ISSUED BY THIS HON'BLE COURT IN B.A.NO.8532/2022.

EXHIBIT P14 TRUE COPY OF THE COMMUNICATION DATED 21.11.2022 SENT BY THE 9TH RESPONDENT ADDRESSED TO THE 4TH RESPONDENT. EXHIBIT P15 TRUE COPY OF THE COMPLAINT DATED 29.07.2022 SUBMITTED BY ONE MIDHUN JOY BEFORE THE 2ND RESPONDENT AGAINST THE RESPONDENTS 3 TO 6.

EXHIBIT P16 TRUE COPY OF THE ACKNOWLEDGMENT ISSUED BY THE OFFICE OF THE 2ND RESPONDENT EVIDENCING RECEIPT OF EXHIBIT.P15 COMPLAINT ON 29.07.2022.

EXHIBIT P17 TRUE COPY OF THE COMPLAINT DATED 15.10.2022 FILED BY THE PETITIONER AGAINST THE 2ND RESPONDENT.

EXHIBIT P18 TRUE COPY OF THE ACKNOWLEDGMENT DATED 15.10.2022 ISSUED BY THE 2ND RESPONDENT EVIDENCING RECEIPT OF EXHIBIT.P17 COMPLAINT.

EXHIBIT P19 TRUE COPY OF THE REQUEST DATED 11.11.2022 SUBMITTED BY THE PETITIONER BEFORE THE 9TH RESPONDENT.

RESPONDENT EXHIBITS EXHIBIT R3A A TRUE COPY OF THE ORDER NO.

L L7/6073/2020/E DATED 08.03.2021 OF THE 9TH RESPONDENT EXHIBIT R3B A TRUE COPY OF THE ORDER NO.

07L7/52/2021-KL07 DATED 06.08.2021 OF THE 9TH RESPONDENT EXHIBIT R3C A TRUE COPY OF THE DIRECTION HAVING LETTER NO. L7/E-369618/2022/E DATED 11.10.2022 OF THE 9TH RESPONDENT EXHIBIT R3D A TRUE COPY OF THE ORDER NO.

E/2013/2022/ENP DATED 11.10.2022 OF THE 4TH RESPONDENT EXHIBIT R3E A TRUE COPY OF THE SURPRISE INSPECTION REPORT OF A DRIVING SCHOOL ESTABLISHMENT, FRIENDS DRIVING SCHOOL KUZHIPPILLY, DATED 14.10.2022 BY THE INSPECTING TEAM HEADED BY THE 3RD RESPONDENT EXHIBIT R3F A TRUE COPY OF THE REPORT SUBMITTED BY WP(CRL.) 1289/2022

THE TEAM CONSISTS OF SRI. P.E RENSHID, MVD, SRI. ANSAR C.M., AMVI, AND SRI. VINISH CC, AMVI DATED 06.12.2022 EXHIBIT R3G A TRUE COPY OF THE E-CHALLAN HAVING NO.

KL5104216221018074059 DATED 15.10.2022 AT 10.29 HRS.

EXHIBIT R3H A TRUE COPY OF THE DIRECTION TO THE 4TH RESPONDENT BY THE 8TH RESPONDENT AS PER LETTER NO. C5/713/2022-TC DATED 08.11.2022 EXHIBIT R4A A TRUE COPY OF THE ORDER NO.

L L7/6073/2020/E DATED 08.03.2021 OF THE 9TH RESPONDENT EXHIBIT R4B A TRUE COPY OF THE ORDER HAVING FILE NO. 07L7/52/2021-KL07 DATED 06.08.2021 OF THE 9TH RESPONDENT EXHIBIT R4C A TRUE COPY OF THE DIRECTION HAVING LETTER NO. L7/E-369618/2022/E DATED 11.10.2022 OF THE 9TH RESPONDENT EXHIBIT R4D A TRUE COPY OF THE ORDER NO.

E/2013/2022/ENP DATED 11.10.2022 OF THE 4TH RESPONDENT EXHIBIT R4E A TRUE COPY OF THE COMMUNICATION HAVING LETTER NO. E/2013/2022 ENP DATED 17.10.2022 EXHIBIT R4F A TRUE COPY OF THE REPORT SUBMITTED BY THE TEAM CONSISTS OF SRI. P.E RENSHID, MVD, SRI. ANSAR C.M., AMVI, AND SRI. VINESH CC, AMVI DATED 06.12.2022

TRUE COPY