The Kerala High Court on Thursday quashed the proceedings against Advocate Saiby Jose Kidangoor, former President of the Kerala High Court Advocates Association (KHCAA).
He had been accused of accepting Rs. 5 Lakh from a client’s spouse to resolve a matrimonial dispute between the parties.
The order was passed by a single bench of Justice Raja Vijayaraghavan V.
Saiby was representing the wife in a case seeking maintenance under Section 125 of the CrPC and the return of her money and gold ornaments. The action against him was initiated based on a complaint by the husband, alleging offences under Sections 406, 420, and 506 of the IPC.
Saiby countered the accusations, asserting that the complaint was malicious and retaliatory, following a complaint lodged against the husband’s father for threatening his associate. He contended that the complaint was part of a “larger conspiracy aimed at tarnishing his reputation and goodwill.”
It is pertinent to mention that Saiby is also facing allegations of accepting money from clients under the pretense of bribing judges. He had approached the High Court to quash the FIR in this regard and to halt further proceedings. The Ernakulam Central Police Station had charged him under Section 7(1) of the Prevention of Corruption Act, 1988, and Section 420 of the Indian Penal Code.
In his defense, Saiby claimed that a group of lawyers had concocted a false complaint to the Registrar General, who then alerted the State Police Chief to initiate an investigation. The State Police Chief instructed the City Commissioner of Police to conduct a preliminary inquiry. However, Saiby maintained that no incriminating evidence was presented on record.
This matter is presently awaiting consideration by another Bench within the High Court.
