Even Advocate cannot influence Public Prosecutor

KERALA HIGH COURT

Before:- Mr. B. Kemal Pasha, J.

Crl. M.C. No. 1429 of 2014. D/d. 6.6.2016.

Santy George Aged 53 Years, Advocate, American Institute Building, Vanchiyoor P.O., Thiruvananthapuram – Petitioner

Versus

State of Kerala Rep. By Public Prosecutor, High Court of Kerala, Ernakulam – Respondent

And

  1. Nizarudeen, Additional Government Pleader And Public Prosecutor, Fast Track Court-II, Thiruvananthapuram -695001 – Respondent

For the Petitioner :- Sri. Rajit Sri. P. Anoop (Mulavana), Advocate.

For the Respondent No. 1 :- Smt. Madhuben, Public Prosecutor.

For the Respondent No. 2 :- Sri. T.B. Hood and Smt. M. Isha, Advocates.

IMPORTANT

An Advocate representing accused in a criminal case – Advocate accepting L 25,000/- from accused to influence Public Prosecutor – Advocate guilty of offence under Prevention of Corruption Act.

  1. Prevention of Corruption Act, 1947, Sections 8, 9 and 10 – A private person accepting L 25,000/- from accused for payment to Public servant in order to influence Public servant in his favour – Private person could be made a co-accused – 2014 (1) R.C.R (Criminal) 908 : 2014 (1) Recent Apex Judgment (RAJ) 628 Relied – Crl.A.No. 603 of 2010 Distinguished.

[Paras 14, 15 and 24]

  1. Prevention of Corruption Act, 1947, Sections 8, 9 and 10 – An Advocate who was representing the accused in a criminal case accepted L 25,000/- from accused to influence the Public Prosecutor – Advocate guilty of offence under Sections 8 and 9 of the Prevention of Corruption Act irrespective of fact whether he paid the amount to Public Prosecutor or had obtained the amount with his knowledge or without knowledge of the concerned Public Prosecutor.

[Paras 12 and 13]

  1. Prevention of Corruption Act, 1988 Section 13(1)(d) Complaint disclosing a corruption case against public servant – Even if a complaint discloses a cognizable offence, in corruption cases, the same has to be verified through a preliminary inquiry and only then, the crime can be registered – 2013 (4) R.C.R (Criminal) 979 : 2013 (6) Recent Apex Judgment (RAJ) 389 Relied.

[Para 20]

  1. Prevention of Corruption Act, 1988 Sections 8, 9 and 10 A person received bribe money from another person to influence a public servant in his favour – The said person would be guilty of offence under Section 8 of P.C. Act – The person for whom such bribe was accepted need not have the knowledge that some other person has accepted amounts by saying that it is for the purpose of inducing the said public servant by corrupt or illegal means :-
  2. The public servant could be made a co-accused only with the aid of Sections 8 or 9 the Act when the illegal gratification was obtained or attempted to be obtained with his knowledge or consent, or with the aid of Section 10 of the Act when he abets the commission of an offence under Section 8 or 9 of the P.C. Act.

[Paras 12 and 13]

  1. Advocates Act, 1961 Sections 23 and 24 Prevention of Corruption Act, 1988 Sections 8, 9 and 10 Corruption case against an advocate for accepting money from his client to influence public prosecutor – Advocate would be proceeded for offence under Sections 8 and 9 of Prevention of Corruption Act – Enabling provisions contained in the Advocates Act will not supersede the powers of the Court below as per the P.C. Act.

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