Court : Kerala
Reported in : 1964CriLJ592
Govinda Menon, J.(1) This is an appeal filed by accused 1 and 2 In Sessions Case 23 of 1962 on the file of the Sessions Judge of Kottayam. The first accused has been convicted Under Section 302 I. P. C, for causing the death of Kesavan Nair, a police constable. He is also convicted of the offences under Sees, 353, 224 and 324 IPC The second accused is found guilty and convicted of the offence punishable Under Section 225 IPC(2) The first accused and three others were accused in C. C. 699/61 on the file of the Sub-Magistrate of Punalur. The accused had appeared in court and were enlarged on bail. Pws. 1 and 10 had stood surety far them executing surety bonds. As the accused did not appear in court, notice was issued to the sureties to show cause why their bail bonds should not be cancelled. On receipt of the notice they appeared in court and filed n application Ex. P-15 promising to assist the police to effect the arrest of the accused and have them produced iii court and wanted two wee...
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Reported in : 2008CriLJ4488; 2008(2)KLJ625
ORDERV. Ramkumar, J.1. The Revision Petitioner who is the 2nd accused in a private complaint filed by the 2nd respondent herein as Crl.M.P. No. 588 of 2006 before the Court of the Enquiry Commissioner and Special Judge, Thiruvananthapuram, (hereinafter referred to as 'the Special Judge') alleging offences punishable under Sections 7 and 13 of the Prevention of Corruption Act, 1988 read with Section 120B I.P.C. challenges Annexure XVII order dated 25-3-2008 passed by the Special Judge ordering Investigation by the Superintendent of VACB, SIU, Thiruvananthapuram, under Section 202(1) Cr.P.C. after concluding an enquiry by the Special Judge himself under Section 202(1) Cr.P.C.2. I heard Adv. Sri. M. Ajay, the learned Counsel appearing for the revision petitioner and Adv. Sri. P.N. Sukumaran, the learned Public Prosecutor who represented the State. Eventhough the 2nd respondent/complainant (Madathil Marakkar Haji) was duly served, he has not chosen to enter appearance through counsel or op...
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Reported in : 2005(4)KLT685
ORDERM. Sasidharan Nambiar, J.1. First respondent filed a complaint before Enquiry Commissioner and Special Judge, Kozhikode alleging that the five accused shown therein committed offences under Sections 7, 10, 11, 13 and 15 of the Prevention of Corruption of Act, 1988 (for short PC. Act). First accused was the then Minister for Education and second accused, the then Principal Secretary, Education Department, State of Kerala: 5th accused was an Ex-MLA and accused 3 and 4 are leaders of Indian Union Muslim League, one of the ruling political parties in Kerala. Petitioners in Crl.R.P. 1215705 were the original accused 3 and 4 who are now arrayed as accused 1 and 2. Revision petitioner in Crl.R.P.1135/05 is the 5th accused who is now arrayed as third accused. They are challenging the order of Enquiry Commissioner for Special Judge, dated 14.2.05 whereunder charge for the offence under Section 9 of the Act read with Section 34 of IPC was framed against accused 1 to 3. The learned Special J...
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Reported in : 2012(3)KLT163; 2012(3)ILR(Ker)176; 2012(3)KLJ291
1. The petitioner is the father of an unfortunate young boy, who was arrested by the Police. The sequence of events started from the date when one girl went missing. Her parents lodged a complaint before the police. A man - missing case was registered by the police. The girl returned after four days. It was found that the girl was in the company of the petitioner’s son and three of his friends. Thereafter, as requested by the police, the parents of the girl and the girl went to the police station and gave statements to the police. The girl submitted that she had not been in any way harmed by the youths. The girl was referred for medical examination, in which it was proved that she was not subjected to any kind of sexual intercourse. The girl and her parents had no complaint against the petitioner’s son and the other youths, in whose company the girl had been. It appears that the girl had some difference of opinion with her parents, which was the reason for her to leave her ...
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Ashok Bhushan, CJ. 1. These appeals raise common questions of law and facts and hence, were heard together and decided by this common judgment. W.A.No.1381 of 2006 has been filed against the judgment dated 1.3.2006 in W.P.(C) No.23692 of 2005, whereas, all other appeals have been filed against the common judgment of the learned Single Judge dated 13.9.2007 delivered in W.P.(C) No.21379 of 2006 and seven other writ petitions of 2007. All the writ petitions arise out of the orders passed by the Kerala Lok Ayukta deciding the complaints. It shall be sufficient to note in detail the facts in W.A.No.1381 of 2006 and facts in W.A.No.86 of 2008 for deciding all the other writ appeals. W.A.No.1381 of 2006 2. Nine policemen of the District Armed Reserve Police, Thiruvananthapuram were dismissed by order of the Government dated 26.6.1974 in exercise of power under sub clause (c) of the proviso to Clause (2) of Article 311 of the Constitution of India. Ali Akbar, the husband of the first responde...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE15H DAY OF JULY2015/24TH ASHADHA, 1937 WP(C).No. 11822 of 2013 (C) ---------------------------- PETITIONER: ------------------- KARTHIKEYA VARMA @ KARTIK VARMA, AGED48YEARS, S/O.N.U.RAMA VARMA THAMPURAN, D4, KAILAS APARTMENTS, N.F.GATE, TRIPUNITHURA, ERNAKULAM DISTRICT. BY SRI.DUSHYANT A.DAVE (SENIOR ADVOCATE) AVS.SRI.SUNIL NAIR PALAKKAT SRI.K.N.ABHILASH SMT.R.LEELA RESPONDENT(S): -------------------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE MINISTRY OF LAW & JUSTICE OF THE UNION OF INDIA, NEW DELHI, PIN - 110011.2. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE HOME DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695001.3. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, ERNAKULAM UNIT, KATHRIKADAVU, ERNAKULAM-682017.4. JOY KAITHARATH, AGED60YEARS, S/O.ANTONY, GENERAL SECRETARY, STATE HUMAN RIGHTS PROTECTION CENTRE, THRISS...
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Reported in : AIR1966Ker216
Govinda Menon, J. 1. This writ petition has been referred to me under Section 23 of the Travan-core-Cochin High Court Act, 1125, as the learned Judges. Velu Pillai and Mathew, JJ., who originally heard the petition differed in their conclusions as to the jurisdiction of the Union of India to take disciplinary proceedings against the petitioner on some of the charges. 2. A few fads may now be stated - The petitioner, Shri S. Govinda Menon, is a member of the Indian Administrative Service. He was the First Member of the Board of Re-venue. Kerala State and was also holding the post of Commissioner of Hindu Religious and Charitable Endowments. On the basis of certain petitions containing allegations of misconduct against the petitioner in the discharge of his duties as Commissioner, the Kerala Government, after conducting certain preliminary inquiries, started disciplinary proceedings against him, keeping him under suspension under R. 7 of the All India Services (Discipline and Appeal) Rul...
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Reported in : 2003(3)KLT480
S. Sankarasubban, J.1. These Original Petitions are filed by the members of the erstwhile Managing Committee of the Guruvayoor Devaswom and the Commissioner and the previous Administrator of the Devaswom against the orders passed by the Enquiry Commissioner and Special Judge, Trichur in C.M.P. No. 559 of 2002. By this order, the court has directed vigilance enquiry and further action on Ext. P1 complaint. Ext. P1 complaint is filed by one Suresh alleging certain allegations against the previous members of the Managing Committee and against the Administrator and Commissioner. As soon as the Complaint was received, Special Judge called for the remarks from the Commissioner and thereafter the impugned order was passed.2. The complaint is filed under the Prevention of Corruption Act. It further states that the audit was not taking place due to the mismanagement of the members of the Managing Committee. The Enquiry Commissioner got details from the Commissioner of Guruvayoor Devaswom and pa...
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1. These Writ Petitions filed under Article 226 of the Constitution of India are in challenge of orders passed by the learned Enquiry Commissioner and Special Judge, Thiruvananthapuram (for short, "the Special Judge") under Sec. 156(3) of the Code of Criminal Procedure (for short, "the Code") directing the Vigilance and Anti Corruption Bureau (for short, "the VandACB") to conduct a preliminary enquiry and register a case if materials indicating commission of offences as alleged in the private complaints are disclosed and if not, report the matter to the learned Special Judge. The following questions of law are urged for a decision: I. Whether, in view of Sec. 68A of the Kerala Co-operative Societies Act,1969 (for short, "the Act") it was within the power of learned Special Judge to direct the VandACB to conduct an enquiry/investigation and the VandACB to enquire/investigate into matters relating to a Co-operative Society registered under the Act? II. Whether, it was within the power of...
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE THE AG.CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE WEDNESDAY, THE3D DAY OF DECEMBER201412TH AGRAHAYANA, 1936 WP(C).No. 29856 of 2014 (S) ---------------------------- PETITIONER(S): -------------- 1. V.S.SUNILKUMAR AGED47YEARS S/O.SUBRAMANIAN, VELICHAPAD HOUSE, ANTHIKKAD P.O. THRISSUR.2. P.K.RAJU AGED50YEARS S/O.PAZHANIYAPPAN, TC11536 (4), LENIN BHAVAN MEDICAL COLLEGE P.O., THIRUVANANTHAPURAM. BY ADVS.SRI.RENJITH THAMPAN (SR.) SRI.V.M.KRISHNAKUMAR SRI.K.J.MOHAMMED ANZAR SRI.M.V.ANANDAN SRI.C.P.PRADEEP RESPONDENT(S): -------------- 1. STATE OF KERALA REPRESENTED BY ITS SECRETARY DEPARTMENT OF HOME AFFAIRS, SECRETARIAT THIRUVANANTHAPURAM, PIN - 695 001.2. DIRECTOR GENERAL OF POLICE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM PIN - 695 001.3. DIRECTOR VIGILANCE AND ANTI - CORRUPTION BUREAU THIRUVANANTHAPURAM, PIN - 695 033.4. SHRI K.M.MANI HON'BLE MINISTER FOR LAW AND FINANCE, SECRETARIAT THIRUVA...
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