Special Public Prosecutor submitted investigation lacks material to indicate petitioners committed offences. Court directed filing of factual report before court below. Crl.M.Cs closed.
Crl.M.Cs stand closed. Further factual report to be filed before court below.
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 B.SUDHEENDRA KUMAR
FRIDAY, THE 9TH DAY OF MARCH 2018 / 18TH PHALGUNA, 1939
Crl.MC.No. 3235 of 2017
CMP 483/2016 of ENQUIRY COMR.& SPL.JUDGE,KZD.
CRIME NO. 2/2017 OF VACB, KOZHIKODE
PETITIONER(S)/1ST ACCUSED
ABDUL RAZAK S/O.KUNJALI, PATTAKKAL HOUSE, VADAKKANKARA PO,MANKADA (VIA) MALAPPURAM DISTRICT
BY ADV.SRI.K.MOHANAKANNAN
RESPONDENT(S)/STATE & DEFACTO COMPLAINANT:
1. STATE OF KERALA
2. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU
3. ABDU HAJI, S/O.AHAMMEDKUTTY, ERUMBATH HOUSE, VADAKKANKARA, MANKADA PO, MALAPPURAM DISTRICT-679324
R3 BY ADV. SRI.SAIJO HASSAN
SRI.BENOJ C AUGUSTIN SRI.RAFEEK. V.K. SRI.VISHNU BHUVANENDRAN SMT.S.LEKHA SRI.U.M.HASSAN SMT.P.PARVATHY
R1 & R2 BY SPECIAL PUBLIC PROSECUTOR SRI.A.RAJESH
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 09-03-2018, ALONG WITH CRL.M.C.4771/2017, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.MC.No. 3235 of 2017 ()
PETITIONER(S)' EXHIBITS
| ANNEXURE A1 |
TRUE COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT DT.21-1-2012 BEFORE THE ENQUIRY COMMISSION AND SPECIAL JUDGE, VIGILANCE THRISSUR |
|---|---|
| ANNEXURE A2 |
TRUE COPY OF THE REPORTS SUBMITTED BY THE 2ND RESPONDENT DT. 28-6-2013 |
| ANNEXURE A3 |
TRUE COPY OF THE ADDITIONAL OBJECTION FILED BY THE COUNSEL FOR THE 3RD RESPONDENT AND NUMBERED AS CMP 483/2016 IN CMP 754/2012 |
| ANNEXURE A4 |
TRUE COPY OF THE ORDER OF THE ENQUIRY COMMISSIONER, SPECIAL JUDGE, KOZHIKODE IN CMP 483/2016 |
| ANNEXURE A5 |
TRUE COPY OF THE FIR IN V.C.NO.2/2017 OF VIGILANCE AND ANTI CORRUPTION BUREAU MALAPPURAM |
| ANNEXURE A6 |
TRUE COPY OF THE INTERIM ORDER IN IA 3204/2012 IN WRIT PETITION 34298/2011 DT.5-3-2012 |
| ANNEXURE A7 |
TRUE COPY OF THE AFFIDAVIT DT.2-4-2012 FILED BY THE DISTRICT COLLECTOR |
| ANNEXURE A8 | TRUE COPY OF THE RELEVANT PAGES OF THE FMB |
| ANNEXURE A9 |
TRUE COPY OF THE PROCEEDINGS OF THE TALUK LAND BOARD PERINTHALMANNA IN SR 348/73/C7 DT.18-10-2006 |
RESPONDENT'S EXHIBITS: NIL
//TRUE COPY//
P.A. TO JUDGE
STK
B. SUDHEENDRA KUMAR, J.
--------------------------------
Crl.M.C. Nos.3235 and 4771 of 2017
Dated this the 9th day of March, 2018
O R D E R
When these Crl.M.Cs have been taken up for hearing, the learned Special Public Prosecutor has submitted that no material has been received in the investigation to indicate that the petitioners committed
the offences alleged in Crime No.V.C.No.2/2017 of VACB, Malappuram. A report in this regard has also been filed by the Investigating Officer before this Court. It has been submitted that the factual report in this regard will be filed before the court below at the earliest.
In view of the above submissions, no order is required in these Crl.M.Cs. Accordingly, these Crl.M.Cs stand closed.
Sd/-
B. SUDHEENDRA KUMAR,
JUDGE
STK
//TRUE COPY//
//P.A. TO JUDGE//
ABDUL RAZAK S/O.KUNJALI
STATE OF KERALA
DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU
ABDU HAJI, S/O.AHAMMEDKUTTY
B. SUDHEENDRA KUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
