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K.Muralidharan Vs State of Kerala and Another — Criminal Trial and Appeal | Kerala HC (2010)

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K.Muralidharan Vs State of Kerala and AnotherK.Muralidharan v. State of Kerala and Another

K.Muralidharan v. State of Kerala and Another

Kerala HC10 Nov 2010Crl.MC/3741/2010

Case brief

from the order text

What is this about?

HIGH COURT OF KERALA AT ERNAKULAM PRESENT :…

What the court decided

AI extract

Issue for consideration

Whether the Special Judge, Vigilance, Thrissur must frame charges expeditiously after a delay.

A

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT :

THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR

WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932

Crl.MC.No. 3741 of 2010()

----------------------------------( C.C.NO.134/2008 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR.)

PETITIONER(S):

---------------------

K.MURALIDHARAN, S/O.M.BHASKARA MENON, A-9,BHASKARA, SANTHI COLONY CHANDRA NAGAR, PALAKKAD.

BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR

RESPONDENT(S):

------------------------

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether the Special Judge, Vigilance, Thrissur must frame charges expeditiously after a delay.
2.
Whether the delay in framing charges in a corruption case warrants judicial intervention to enforce speed.

Parties & counsel

AI extract

applicant
K.Muralidharan
respondent
State of Kerala

Coram

AI extract

M.Sasidharan Nambiar

Case details

As recorded by the court registry

Court: Kerala HC
Decided on: 10 Nov 2010 · November
Registered: 8 Sept 2010
Case no.: Crl.MC/3741/2010

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Cite this judgement

K.Muralidharan v. State of Kerala and Another, Crl.MC/3741/2010 (KL), decided on 10 November 2010.

The High Court of Kerala publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

M.Sasidharan Nambiar

Parties & counsel

A compact analysis

This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.

1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, OFFICE OF THE ADVOCATE GENERAL HIGH COURT BUILDING, ERNAKULAM.

2. DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU,PALAKKAD.

BY PUBLIC PROSECUTOR SRI.P.A.SALIM

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/11/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

sts

M.SASIDHARAN NAMBIAR,J.

CRL.M.C.NO.3741 OF 2010 --------------------------------------------- Dated 10^th November, 2010

O R D E R

As per Annexure-IX order dated

4/12/2009, Special Judge (Vigilance)

Thrissur was directed to frame charge and dispose the case, as expeditiously as possible. As even the charge was not framed, de facto complainant was compelled to file another petition under Section 482 of Code of Criminal Procedure. A report was

called for from the Special Judge, (Vigilance) which shows that the present Presiding officer has taken charge only recently and the notification conferring powers to exercise the jurisdiction under Prevention of corruption Act is yet to be received.

Crmc 3741/10

2

submitted that subsequently notification has

been issued.

In view of Annexure-IX order, Special Judge, (Vigilance) Thrissur is directed to frame charge on the next posting day and thereafter dispose the case, expeditiously.

M.SASIDHARAN NAMBIAR, JUDGE.

uj.

CNR

KLHC010197332010

Topic

Criminal Trial and Appeal

Bench

M.sasidharan Nambiar

Disposal

DISPOSED OF

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10 Nov 2010

C.a.Haris Vs State of Kerala

10 Nov 2010