A single bench of Justice Kauser Edappagath quashed the FIR observing that no prima facie case was made out against Shaji.
Kerala High Court [File Photo]
The Kerala High Court on Thursday quashed a case registered by the Vigilance and Anti-Corruption Bureau (VACB) against Indian Union Muslim League (IUML) leader and former MLA KM Shaji in the 2020 Azhikode Plus Two bribery case.
A single bench of Justice Kauser Edappagath quashed the FIR observing that no prima facie case was made out against Shaji.
“I conclude that the allegations made in Annexure A FIR and the evidence collected in support of the same, even if believed in to-to, do not prima facie disclose a cognizable offence or make out a case against the applicant. Hence, no purpose will be served in proceeding with the matter further. Accordingly, all further proceedings against the petitioner pursuant to Annexure A FIR are hereby quashed,” Justice Kauser Edappagath said.
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Shaji was accused of taking a bribe of Rs 25 lakh from the Manager of Azhikode Higher Secondary School, Kannur in 2014-15 for sanctioning Plus Two Course in school. The Vigilance and Anti Corruption Bureau registered an FIR against Shaji under Sections 7 and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 in connection with the bribery allegations.
The court observed that the manager of the school had specifically denied the allegations and stated that the management did not pay any money to the petitioner. It said that in order to attract the offence under Section 7 or 13(1)(d) of the Prevention of Corruption Act, there should be an allegation that a public servant demanded and accepted illegal gratification.
Going by the allegations against Shaji, admittedly, the demand for a bribe was made by the Indian Union Muslim League Committee. There was absolutely no case or allegation that he had ever made any demand from anybody for doing any act or forbearing to do any official act, the court concluded.
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