Petitioner sought permission to withdraw criminal mis. case petition with liberty to seek discharge. Court granted permission, dismissed petition. Specific substantive issues not addressed.
Permission to withdraw petition granted; Criminal M.C dismissed as withdrawn with liberty to file discharge application.
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 K. BABU
TUESDAY, THE 22ND DAY OF NOVEMBER 2022 / 1ST AGRAHAYANA, 1944
CRL.MC NO. 5192 OF 2022
AGAINST THE ORDER/JUDGMENT IN CC 1/2022 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM
CRIME NO.VC-02/2020/ERK OF VIGILANCE & ANTI-CORRUPTION BUREAU,
EAST RANGE, KOTTAYAM
PETITIONER/ACCUSED:
AJITH K. THANKACHAN, AGED 48 YEARS, S/O.THANKACHAN, KAVULLATHIL HOUSE, KARICKOM P.O, KOTTARAKKARA, KOLLAM DISTRICT., PIN - 691531 BY ADV NIREESH MATHEW
RESPONDENTS/STATE & DEFACTO COMPLAINANT:
1 STATE OF KERALA, REPRESENTED BY DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, EAST RANGE, KOTTAYAM-686001, BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA., PIN - 682031 2 THE MANAGING DIRECTOR, KERALA WATER AUTHORITY, JALABHAVAN, THIRUVANANTHAPURAM., PIN - 695003 3 SHONEY P.JOSEPH, AGED 50 YEARS, S/O.JOSEPH, RESIDING AT THATTARUPARAMBIL HOUSE, ANJILITHANAM P.O, THIRUVALLA, PIN-689582, PERMANENTLY RESIDING AT JOSE VILLA ONDENPARAMBU, CIVIL STATION P.O, KANNUR-670 002.
BY ADVS. RAJESH, PUBLIC PROSECUTOR SRI.GEORGIE JOHNY,SC KWA
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22.11.2022, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
Crl.M.C No.5192 of 2022
2
K.BABU, J.
Criminal M.C No.5192 of 2022
Dated this the 22nd day of November, 2022
O R D E R
The learned Senior Counsel appearing for the petitioner seeks
permission to withdraw the petition with liberty to file application
under Section 239 Cr.P.C before the Trial Court.
withdrawn with liberty to the petitioner to file application seeking
discharge before the Trial Court.
Sd/K.BABU, JUDGE
KAS
Crl.M.C No.5192 of 2022
3
APPENDIX OF CRL.MC 5192/2022
PETITIONER ANNEXURES
| Annexure 1 | TRUE PHOTOCOPY OF THE FIR IN CRIME NO.2/2020 OF VIGILANCE & ANTI CORRUPTION BUREAU, EASTERN RANGE, KOTTAYAM. |
|---|---|
| Annexure 2 | TRUE PHOTOCOPY OF THE FINAL REPORT IN CRIME NO.02/2020/ERK OF VIGILANCE & ANTI CORRUPTION BUREAU, EASTERN RANGE, KOTTAYAM FILED BEFORE THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOTTAYAM. |
| Annexure 3 | TRUE PHOTOCOPY OF THE SANCTION ORDER NO.KWA/JB/VIGILANCE/2533 /2020 DATED 08.11.2021 PASSED BY THE 2ND RESPONDENT. |
| Annexure 4 | TRUE PHOTOCOPY OF THE ORDER NO. KWA/JB/E.2(A)/4530/2019 DATED 27.07.2019 PASSED BY THE CHIEF ENGINEER (HRD & GENERAL), KERALA WATER AUTHORITY. |
| Annexure 5 | A TRUE PHOTOCOPY OF THE REVIEW PETITION DATED 27.05.2022 FILED BEFORE THE 2ND RESPONDENT. |
| Annexure 6 | A TRUE PHOTOCOPY OF THE DEPOSITION OF THE 3RD RESPONDENT DATED 20.02.2020 |
| Annexure 7 | A TRUE PHOTOCOPY OF THE APPLICATION DATED 04.06.2020 FILED BY ONE SAJITHKUMAR P.K, BEFORE HTE PUBLIC INFORMATION OFFICER, P.H.SUB DIVISION, KERALA WATER AUTHORITY, CHANGANACHERRY. |
| Annexure 8 | TRUE PHOTOCOPY OF REPLY GIVEN DATED 01.07.2020 GIVEN BY THE ASST. EXECUTIVE ENGINEER, P.H.SUB DIVISION, CHANGANACHERRY. |
| Annexure 9 | TRUE PHOTOCOPY OF THE APPLICATION DATED 12.08.2020 SUBMITTED ONE ONE DR.SHEEJA PHILIP BEFORE EXECUTIVE ENGINEER, KWA, THIRUVALLA. |
| Annexure 10 | TRUE PHOTOCOPY OF THE REPLY DATED 07.09.2020 ISSUED BY THE PUBLIC INFORMATION OFFICER. |
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Crl.M.C No.5192 of 2022
| Annexure-11 | A TRUE PHOTOCOPY OF THE RELEVANT CLAUSE 9.14.1 OF THE TENDER CONDITIONS. |
|---|---|
| Annexure-12 | A TRUE PHOTOCOPY OF THE REQUEST 08.04.2021 SUBMITTED BEFORE HTE PUBLIC INFORMATION OFFICER, P.H. DIVISION, KERALA WATER AUTHORITY, THIRUVALLA. |
| Annexure-13 | A TRUE PHOTOCOPY OF THE REPLY TO ANNEXURE-12 DATED 07.05.2021 ISSUED BY THE PUBLIC INFORMATION OFFICER. |
| Annexure-14 | A TRUE PHOTOCOPY OF THE REQUEST DATED 07.04.2021 SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER, P.H. DIVISION, KWA, KOTTAYAM. |
| Annexure-15 | A TRUE PHOTOCOPY OF THE REPLY TO ANNEXURE-14 DATED 28.04.2021 ISSUED BY THE PUBLIC INFORMATION OFFICER. |
| Annexure-16 | A TRUE PHOTOCOPY OF THE LETTER DATED 31.10.2018 ISSUED BY THE SUPERINTENDING ENGINEER. |
| Annexure-17 | A TRUE PHOTOCOPY OF THE LETTER DATED 21.11.2018 SENT TO THE SUPERINTENDING ENGINEER, P.H. CIRCLE, KWA, THIRUVALLA. |
1 provisions across 1 enactments
AJITH K. THANKACHAN
STATE OF KERALA
KERALA WATER AUTHORITY
SHONEY P.JOSEPH
K. BABU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
