Vigilance Manual Not Statute, Mere Non-Compliance With Directions For Investigators Doesn't Vitiate Probe: Kerala High Court
11 months, 3 weeks ago

Vigilance Manual Not Statute, Mere Non-Compliance With Directions For Investigators Doesn't Vitiate Probe: Kerala High Court

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The Kerala High Court has observed that the Vigilance Manual is not a statute and was not enacted by the legislature. Thus, it held that mere non-compliance with the Vigilance Manual's directions for investigating officers would not vitiate an investigation. Justice K Babu stated that there was no prejudice caused to the petitioner due to non-compliance with Vigilance Manual directions. The proximity of time, unity of place, unity or community of purpose or design and continuity of action make the series of acts alleged against the person constitute the same transaction.” In the facts of the case, the Court stated the joinder of charges under Section 220 CrPC would not apply because both the alleged transactions were separate and not continuing acts forming part of the same transaction. Regarding the contention that an FIR was registered without preliminary enquiry, the Court stated that an FIR could be registered without preliminary enquiry when allegations disclose a prima facie cognizable offence.

History of this topic

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