Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI WEDNESDAY, THE 28TH DAY OF JULY 2021 / 6TH SRAVANA, 1943 CRL.MC NO. 1824 OF 2013 AGAINST THE ORDER IN CRMP 91/2007 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, THIRUVANANTHAPURAM PETITIONERS/ACCUSED NO. 1 TO 3:
1 SHAJI AGED 47 YEARS S/O.SUDHAKARAN, 'NEST', VADASSERYKONAM P.O., VARKALA, THIRUVANANTHAPURAM DISTRICT. (NOW WORKING AS VILLAGE OFFICER,SARKARACHIRAYANKEEZHU VILLAGE OFFICE, THIRUVANANTHAPURAM) 2 SAIMA BHASKAR, D/O.BHASKARAN, BHASKAR NIVAS, PERETTIL MOONKODE P.O., VARKALA, THIRUVANANTHAPURAM.(NOW WORKING AS DEPUTY TAHSILDAR, TIRUR, MALAPPURAM) 3 V.M.SREEKUMAR SO.V.K.MITHRADEVAN VASANTHA TC YMA ROAD, CHAKKA, PETTA P.O., THIRUVANANTHAPURAM. (NOW WORKING AS JUNIOR SUPERINTENDENT, INSPECTION WING, COLLECTORATE, THIRUVANANTHAPURAM). BY ADVS. SRI.RENJITH THAMPAN (SR.) SMT.P.R.REENA
RESPONDENTS/STATE & COMPLAINANT:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM PIN - 682 031. 2 PRINCIPAL SECRETARY REVENUE SECRETARIAT THIRUVANANTHAPURAM PIN - 695 001 3 LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING THIRUVANANTHAPURAM PIN - 695 001 4 ENQUIRY OFFICER (CIRCLE INSPECTOR OF POLICE) VIGILANCE AND ANTI CORRUPTION BUREAU)THIRUVANANTHAPURAM 695 033. 5 DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU THIRUVANANTHAPURAM PIN - 695 033. 6 KARUNANIDHI, SO.KRISHNAN, VILLAGE OFFICER UNDER SUSPENSION THINUR VILLAGE, VADAKARA, KOZHIKODE PIN 673 507. R1 TO R5 BY ADV.SRI.A. RAJESH, SPL.P.P.,VACB R6 BY ADV SRI.D.KISHORE
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 28.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R. NARAYANA PISHARADI, J ---------------------------------------------------- ----------------------------------------------------- Dated this the 28th day of July, 2021
ORDER
The petitioners are accused 1 to 3 in the case registered as VC 02/2013/TVM by the Vigilance and Anti-Corruption Bureau, Thiruvananthapuram Unit under Sections 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.
2. The aforesaid case was registered on the basis of
complaints filed before the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram and which were forwarded by that Court under Section 156(3) Cr.P.C as per Annexure-IX order.
3. The operative portion of Annexure-IX order reads as follows:
“In the result, the report of the Enquiry Officer with respect to respondents 1 to 3 and 5 in Criminal M.P No.91/2007 and second respondent in Criminal M.P.No.1432/2008 stands rejected. The matter is forwarded to the Director of VACB with a direction to register FIR against respondents 1 to 3 and 5 in Criminal M.P. No. 91/2007, the second respondent in Criminal M.P. No.1432/2008 and one M.P.Vinod who has been mentioned as suspected officer No.8 in the Vigilance Enquiry report and to conduct
proper investigation and to submit the final report within a period of four months from today. Crl.M.P.No.453/2009 is also forwarded under Section 156(3) Cr.P.C. If materials are available, the allegations in Crl.M.P No.453/2009 shall also be subjected to investigation and report shall be filed together with the final report mentioned above.”
4. This petition is filed under Section 482 Cr.P.C for quashing Annexure-IX order.
5. Heard the learned counsel for the petitioners and the learned Public Prosecutor.
6. When the petition came up for hearing today, learned
Public Prosecutor submitted that, after conducting investigation in the case, the investigating officer had filed a refer report in the court below and also that the court below has accepted that refer report as early as on 10.05.2018. The investigating officer has today filed a statement to the above effect.
7. In the above circumstances, nothing survives for consideration in this Crl.M.C and this petition has become infructuous.
8. Consequently, the petition is dismissed as infructuous. R. NARAYANA PISHARADI JUDGE lsn APPENDIX OF CRL.MC 1824/2013
PETITIONER ANNEXURE ANNEXURE-I: TRUE COPY OF THE G.O(P) NO.460/96/RD DATED 12.8.1996. ANNEXURE-II: TRUE COPY OF THE JUDGEMENT IN WPC NO.34625/2007 DATED 1.12.2007 OF THIS HON'BLE COURT. ANNEXURE-III: TRUE COPY OF THE G.O(MS) NO.68/2008/RD DATED 28.3.2008 ANNEXURE-IV: TRUE COPY OF THE PROCEEDINGS OF THE DISTRICT COLLECTOR KOZHIKODE DATED 17.9.2011 SUSPENDING THE 6TH RESPONDENT FROM SERVICE IN RELATION TO A VIGILANCE TRAP CASE. ANNEXURE-V: TRUE COPY OF THE LETTER NO.84510/D1/07-RD DATED 4.12.2007 OF THE REVENUE DEPARTMENT RELATING TO ANOTHER VIGILANCE CASE AGAINST THE 6TH RESPONDENT ANNEXURE-VI: TRUE COPY OF THE PROCEEDINGS DATED 23.5.2005 OF THE LAND REVENUE COMMISSIONER/3RD RESPONDENT. ANNEXURE-VII: TRUE COPY OF THE LETTER OF THE DIRECTOR OF VIGILANCE AND ANTI CORRUPTION BUREAU DATED 17.4.2008 INTIMATING ANOTHER VIGILANCE CASE AGAINST THE 6TH RESPONDENT. ANNEXURE-VIII: TRUE COPY OF THE COMPLAINT CC.NO.91/2007 BEFORE THE VIGILANCE SPECIAL JUDGE THIRUVANANTHAPURAM. ANNEXURE-IX: TRUE COPY OF THE ORDER OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE THIRUVANANTHPURAM IN CRL.M.P.NO.91/2007 DATED 20.11.2012 ANNEXURE-X: TRUE COPY OF THE LETTER DATED 13.3.2013 OF THE DIRECTOR OF VIGILANCE TO THE LAND REVENUE COMMISSIONER.
RESPONDENTS EXHIBITS: NIL TRUE COPY P.A TO JUDGE LSN