This judgment dismissed an Article 227 petition seeking to set aside an order for investigation, as the Vigilance Bureau completed its inquiry and submitted a final report which the trial court had accepted, posting the accused for appearance.
The petitioner's prayer under Article 227 is not allowed and the original petition is closed.
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 P.UBAID
TUESDAY ,THE 29TH DAY OF JANUARY 2019 / 9TH MAGHA, 1940
OP(Crl.).No. 202 of 2016
AGAINST THE ORDER/JUDGMENT IN VC 5/2001 of ENQUIRY COMR.& SPECIAL JUDGE,KZD. DATED 19-08-2015
PETITIONER/ACCUSED NO.4:
SONY SEBASTIAN, AGED 55, S/O.SEBASTIAN,PRESIDENT, ALAKODE RUBBER AND AGRICULTURAL MARKETING COOPERATIVE SOCIETY, KARUVACHAL, PIN670571,KANNUR.
BY ADVS. SRI.S.SREEKUMAR (SR.) SRI.AJAY BEN JOSE SRI.M.A.MOHAMMED SIRAJ SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.THOMAS P.KURUVILLA
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM.
2 THE SUPERINTENDENTOF POLICE VIGILANCE AND ANTICORRUPTION BUREAU,KANNUR.
BY ADV. GOVERNMENT PLEADER
OTHER PRESENT:
SRI SANTHOSH MATHEW-PP
THIS OP (CRIMINAL) HAVING BEEN FINALLY HEARD ON 29.01.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
OP(Crl.).No. 202 of 2016
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J U D G M E N T
The petitioner herein is one of the
accused in Crime No. V.C.05/2001/KNR. He has
filed this application under Article 227 of the Constitution of India for setting aside the Ext.P1 order passed by the trial court directing investigation. Pending the proceedings before this Court, the VACB completed investigation as permitted by the court, and the VACB has now submitted final report in court.
2. A report was called for from the trial court whether the final report has been accepted by the court. Now there is report from the learned trial Judge that the final report has been accepted, and the case has been registered there as C.C.02 of 2019 under Section 13(1)(d) read with Section 13(2) of the PC Act, and also under Sections 409, 468, 471, 477(A) and 120(B) IPC. The case now stands posted for the appearance of the
OP(Crl.).No. 202 of 2016
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accused on 15.03.2019. In the above circumstances, the petitioner's prayer under Article 227 of the Constitution of India cannot be allowed. If the petitioner is aggrieved by the final report in any manner, or if he has any legal ground to challenge the final report, and if he is so advised, he can pursue such course.
Without prejudice to such rights under the law, if available, this original petition can be closed, and it is accordingly closed.
Sd/-
P.UBAID
Ds 29.1.2019
JUDGE
OP(Crl.).No. 202 of 2016
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APPENDIX
PETITIONER'S/S EXHIBITS:
P1 TRUE COPY OF DATED 19-8-15 IN V.C.5/2001/KANNUR.
2 issues framed by the court
Whether to allow the petitioner's Article 227 petition for setting aside an order directing investigation.
Whether to close the original criminal petition after the final investigation report is accepted by the trial court.
1 provisions across 1 enactments
SONY SEBASTIAN
STATE OF KERALA
P.UBAID
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
