Kerala HC Advocates' Association President Moves HC To Quash FIR Against Him For Collecting Money To Bribe Judges
The President of the Kerala High Court Advocates' Association, Advocate Saiby Jose Kidangoor has approached the Kerala High Court seeking to quash the FIR registered against him for allegedly collecting money to bribe the Judges of the Kerala High Court.
The Petition filed by him through Advocate K. Ananad is listed on Monday before the Court of Dr. Justice Kauser Edappagath. Senior Advocate S. Sreekumar is expected to appear for Saiby Kidangoor.
The FIR was registered under Section 420 of the Indian penal Code and Section 7 of the Prevention of Corruption Act, 1988 by the Ernakulam Central Police Station. While Section 420 of the IPC relates to cheating and dishonestly inducing delivery of property, Section 7 of the PC Act relates to a public servant taking gratification other than legal remuneration in respect of an official act.
Petitioner-Saiby Jose Kidangoor has stated that the entire allegations have been made by certain persons only on hearsay information.
The Petition says that during the time of Kerala High Court Advocates Association elections, a group of 3-4 lawyers in the High Court concocted a false complaint to the registrar general who informed the State Police Chief to investigate.
He further added that a preliminary enquiry was conducted and no concrete evidence was brought out.
The petition states that despite this, due to the unwarranted involvement of media and a group of 3-4 lawyers having personal enmity against the petitioner, an FIR came to be registered against him.
The petitioner has stated that an elaborate preliminary enquiry has been conducted so as to the vercaity of the allegations in the complaint. He stated that all persons mentioned in the complaint were summoned by the Commission of Police but nothing was said by those persons against the petitioner so as to justify the allegations.
The plea further added that the petitioner was summoned by the Police and thoroughly questioned but nothing came out in the enquiry. The petition read that the very purpose of preliminary enquiry has been defeated by the registration of the FIR.
The petitioner has stated that there are no ingredients to attract the Sections either for committing any such offence either under Section 7A of Prevention of Corruption Act or Section 420 of the Indian Penal Code.
It has been stated that both the alleged offences have no basis and the same is to vex and harass the petitioner. The Plea reads that no cognizable offence is prima facie made out against the petitioner for investigating the matter. It further says that the matter falls under rarest of rarest cases where the petitioner has been falsely implicated.
Hence, the petitioner has prayed for the quashing of the FIR.
Cause Title- Saiby Jose Kidangoor v. State Police Chief & Ors.