The High Court of Kerala dismissed a criminal miscellaneous petition by an accused challenging inordinate delay in investigation without a final report, accepting the withdrawal of the petition without prejudice.
Petition dismissed as withdrawn without prejudice to rights against the final report.
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.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH
THURSDAY, THE 23RD JUNE 2011 / 2ND ASHADHA 1933
Crl.MC.No. 2302 of 2006()
-----------------------------------CRIME NO.11/99 OF VIGILANCE AND ANTI BUREAU, SPECIAL INVESTIGATION UNIT, POOJAPPURA.
PETITIONER/ACCUSED (A3): ------------------------------------------
GIRIJADEVI, W/O. RAMACHANDRAN NAIR, AGED 51, LAKSHMI VIHAR, VALIYAVEETTU POIKA, THUNDATHIL P.O., KARIYAVATTOM, THIRUVANANTHAPURAM.
BY ADV. SRI.R.T.PRADEEP
RESPONDENT/COMPLAINANT:
--------------------------------------------
THE STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
BY PUBLIC PROSECUTOR MR.V. MANU.
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 23/06/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
rs
Crl.MC.No. 2302 of 2006
APPENDIX
PETITIONER'S ANNEXURES:
ANNEXURE -I: COPY OF THE F.I.R. DATED 05/05/1999 IN CRIME NO.11/99 REGISTERED BY VIGILANCE & ANTI CORRUPTION BUREAU, SPECIAL INVESTIGATION UNIT POOJAPPURA, TRIVANDRUM.
ANNEXURE-II: COPY OF THE PETITION DATED 02/08/2005 FILED BY THE PETITIONER BEFORE THE HONOURABLE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, TRIVANDRUM.
RESPONDENTS ANNEXURES: NIL.
//TRUE COPY//
P.A. TO JUDGE
rs
THOMAS P JOSEPH, J.
Crl.M.C.No.2302 of 2006
Dated this 23rd day of June, 2011
ORDER
Petitioner is the third accused in Crime No.11 of 1999 of the VACB, SIU, Poojappura Police Station originally registered for offences punishable under Sec.13(1)(c) & (d) r/w Sec.13(2) of the PC Act and Secs.420, 468, 471 & 120B of the Indian Penal Code (for short, "the IPC”). Petitioner challenged the on going investigation on the ground that there is inordinate delay of seven years in completing the investigation in that the incident allegedly occurred sometime between 12.02.1993 and 17.06.1996, the case was registered only on 05.05.1999 and even as on the date of filing of this proceeding, final report has not been filed. Learned Public Prosecutor submitted that since sanction was not accorded for prosecution of accused 1 and 2, the police has submitted a final report against petitioner alone for offences punishable under the IPC. Learned counsel has sought permission to withdraw this petition without prejudice to his challenging the final report before the appropriate forum.
I have heard learned counsel for petitioner and the learned Public Prosecutor in that regard. Having regard to the
Crl.M.C.No.2302 of 2006
-: 2 :-
circumstances stated, this criminal miscellaneous case is dismissed as withdrawn without prejudice to all rights which petitioner has against the final report and other proceeding against him.
(THOMAS P JOSEPH, JUDGE)
Sbna/-
GIRIJADEVI
THE STATE OF KERALA
THOMAS P JOSEPH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
