Royal Blue Hotels PVT. LTD. vs. State Of Kerala
Held
The Court held that the alleged offences were not relatable to recommendations or decisions made by the public servant in discharge of official functions, thus Section 17A of the Prevention of Corruption Act did not apply. The Court directed the VACB to conduct a preliminary enquiry.
Facts
The petitioner, a hotel owner, alleged that a former Deputy Commissioner of the State Goods and Services Tax Department demanded a bribe of Rs. 25 Lakhs for favorable assessment of tax years. The petitioner filed a complaint with the Vigilance and Anti-Corruption Bureau (VACB) but alleged no action was taken.
Key Issues
Whether Section 17A of the Prevention of Corruption Act, 1988, requiring prior approval for investigation into offences by public servants, is applicable to the alleged demand for bribe.
Sections Cited
Section 17A
AI-generated summary — verify with the full judgment below
IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE K. BABU WEDNESDAY, THE 9TH DAY OF NOVEMBER 2022 / 18TH KARTHIKA, 1944 WP(CRL.) NO. 977 OF 2022 PETITIONER: ROYAL BLUE HOTELS PVT. LTD., HOTEL LAKE PALACE, II/175(1), THONIKADAVU, KADINAMKULAM, PUTHUKURICHY, THIRUVANANTHAPURAM REPRESENTED BY ITS DIRECTOR PRATHEESH KUMAR.S BY ADVS. SUMAN CHAKRAVARTHY K.R.RIJA RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031. 2 THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, VIKAS BHAVAN.P.O., THIRUVANANTHAPURAM - 695 033. BY ADV. SRI.RAJESH A(SPL G.P,VIG) THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 09.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(Crl) No.977 of 2022 2 K.BABU, J. ------------------------------------------- W.P.(Crl.) No.977 of 2022 --------------------------------------------- Dated this the 9th day of November, 2022 JUDGMENT
The prayers in this Writ Petition (Criminal) filed under Article 226 of the Constitution of India are as follows:- “(i) A wit of mandamus or appropriate writ order or direction directing the 2nd respondent to conduct investigat
The judgment continues below.
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Reproduced from the public record of the Kerala High Court. Verify against the court's own copy before relying on it. Income tax judgments are on bharattax.net.