VidhiSangh

Supreme Court of India · 15/07/2025

G. MOHANDAS versus STATE OF KERALA & ORS

[2025] 7 S.C.R. 541 · 2025 INSC 854

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Summary

The Supreme Court declined to quash a vigilance prosecution under the Prevention of Corruption Act and Section 120B IPC against a building owner accused of conspiring with municipal officials to obtain an unnecessary renovation permit and then raising a four-storeyed commercial building in a prohibited zone, holding that the chargesheet disclosed the ingredients of the offences and that the owner could not claim parity with the architect whose prosecution had been quashed.

Issues

  1. Whether the prosecution case as set out in the chargesheet disclosed the ingredients of the offences under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Section 120B IPC against the appellant so as to resist quashing under Section 482 CrPC.
  2. Whether the Municipal Corporation's acceptance of an application for regularisation of the construction on payment of compounding charges erased the criminality of the alleged acts.
  3. Whether the appellant was entitled, on parity, to the same relief as the architect (accused No. 7) whose prosecution had been quashed by the High Court.

Provisions considered

Held

Result

Appeal dismissed as devoid of merit; the High Court's order dated 16 January 2024 refusing to quash the proceedings affirmed. The concerned authorities directed to take suitable action against the illegal construction, uninfluenced by extraneous circumstances. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 541.