The Division Bench dismissed the writ appeal filed challenging the Single Judge's order that rejected the petitioner's petition to reconsider a complaint and adjourn a criminal trial, finding no reason to interfere given the matter was pending since 2009.
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 THE CHIEF JUSTICE MR.ASHOK BHUSHAN & THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE
MONDAY, THE 21ST DAY OF MARCH 2016/1ST CHAITHRA, 1938 WA.No. 181 of 2016 (B) IN WP(C).9620/2015 ------------------------------------------AGAINST THE JUDGMENT IN WP(C) 9620/2015 DATED 08-10-2015 -------------
APPELLANT(S)/PETITIONER :-
KRISHNAKUMAR, S/O.NATARAJAN, KUNNATHARA HOUSE, KALLEPADAM, PAZHAYANNUR, THRISSUR DISTRICT.
BY ADVS. SRI.G.HARIHARAN SRI.PRAVEEN.H.
RESPONDENT(S)/RESPONDENTS :-
1. THE DIRECTOR OF VIGILANCE AND ANTICORRUPTION BUREAU THIRUVANANTHAPURAM - 695 001.
2. SRI.J. MATHEW
SUB INSPECTOR OF POLICE, PAZHAYANNUR POLICE STATION, PAZHAYANNUR, NOW WORKING AS SUB INSPECTOR OF POLICE, WALAYAR POLICE STATION, WALAYAR, PALAKKAD DISTRICT, PIN - 678 624.
3. SUB INSPECTOR OF POLICE PAZHAYANNUR POLICE STATION, PAZHAYANNUR, THRISSUR DISTRICT, PIN - 680 587.
4. STATE OF KERALA REPRESENTED BY THE SECRETARY, HOME DEPARTMENT, THIRUVANANTHAPURAM - 695 001.
BY SR.GOVERNMENT PLEADER SRI.P.I.DAVIS
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21-032016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ASHOK BHUSHAN, C.J & A.M. SHAFFIQUE, J.
W.A. No.181 of 2016
Dated this the 21st day of March 2016
J U D G M E N T
Shaffique, J.
This writ appeal has been filed challenging the judgment dated 8.10.2015 in W.P.(C) No.9620 of 2015, by which, the learned Single Judge dismissed the writ petition filed by the petitioner.
W.A. No.181 of 2016
-: 2 :-
The main complaint of the petitioner was that he was wrongly implicated in the Sessions Case, which was pending trial. The learned Single Judge has taken note of the submission of the learned Government Pleader and on account of the reason that the criminal case is pending before the Sessions Court, did not interfere in the matter and accordingly, the writ petition was dismissed.
W.A. No.181 of 2016
-: 3 :-
Accordingly, the writ appeal is dismissed.
Sd/-
ASHOK BHUSHAN CHIEF JUSTICE
Sd/A.M. SHAFFIQUE
JUDGE
//TRUE COPY//
P.A. TO JUDGE
Jvt/21.3.2016
2 issues framed by the court
Whether the writ appeal should be allowed to interfere with the Single Judge's dismissal of the original writ petition.
Whether the High Court should exercise appellate jurisdiction in the case where the underlying complaint had already been disposed of.
Krishnakumar
The Director of Vigilance and Anticorruption Bureau Thiruvananthapuram
Ashok Bhushan
A.M. Shaffique
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
