Disposed

B.Mohammed Jamal v. the Superintendent of Police

Kerala HC10 Feb 2022WP(Crl.)/134/2022

Case brief

AI extract

What is this about?

The petitioner, CEO of the Kerala State Waqf Board, petitioned for early disposal of a closed vigilance case (VC.No.1/2018) where the investigation report found no scope for proceedings. The Court disposed of the petition and directed the Special Court to dispose of the final report expeditiously within one month.

What did the court decide?

Writ Petition disposed with a direction to the Special Judge to dispose of the final report expeditiously within one month.

B.Mohammed Jamal Vs the Superintendent… — Constitutional and Fundamental Rights | Kerala HC (2022)

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WP(CRL.) NO. 134 OF 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE SUNIL THOMAS

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THURSDAY, THE 10TH DAY OF FEBRUARY 2022 / 21ST MAGHA, 1943
WP(CRL.) NO. 134 OF 2022

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NAME AND ADDRESS OF THE PETITIONER:

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MR.B.MOHAMMED JAMAL, AGED 57 YEARS,
S/O.LATE B.M.HAMEED, PENTA VILLA, VALIYAPRARAMBU
ROAD, PANANGAD, ERNAKULAM,- 682 506
THE CHIEF EXECUTIVE OFFICER, KERALA STATE WAQF
BOARD,V.I.P ROAD, KALOOR, KOCHI-682 017.

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BY ADVS.
BABU KARUKAPADATH
M.A.VAHEEDA BABU
P.U.VINOD KUMAR
ARYA RAGHUNATH
VAISAKHI V.
T.M.MUHAMMED MUSTHAQ
MOHAMED HISHAM P
KARUKAPADATH WAZIM BABU
P.LAKSHMI
AISWARYA ANN JACOB

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NAME AND ADDRESS OF THE RESPONDENTS:

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1. THE SUPERINTENDENT OF POLICE, VIGILANCE AND
ANTI CORRUPTION BUREAU, SPECIAL CELL,
KOZHIKODE-673 017.

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2.THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE
AND ANTI CORRUPTION BUREAU, SPECIAL CELL,
KOZHIKODE-673 017.

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3. THE INSPECTOR, VIGILANCE AND ANTI CORRUPTION
BUREAU, SPECIAL CELL, KOZHIKODE-673 017.

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OTHER PRESENT:

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SPL.GP SRI.A RAJESH

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THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 10.02.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:

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WP(CRL.) NO. 134 OF 2022

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JUDGMENT

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VC.No.1/2018 of VACB, Special Cell, Kozhikode was

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registered against the petitioner. After investigation, final report has been filed stating that there is no scope of proceedings against the petitioner as the volume of the assets acquired and the expenditure incurred is less in comparison with the income received during the specified check period. The grievance of the petitioner is that though the report was filed some time in October 2021, and thereafter CD was called for by the court, it stands adjourned thereafter. The petitioner is expected to demit his office this year. The petitioner is also anticipating better assignment. Hence, he seeks an early disposal of VC.1/2018 of VACB, Special Cell, Kozhikode. Ext.P6 is a

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copy of the proceedings on final report, which shows that the case now stands posted to 22.02.2022 and the CD

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has been made available to the court.

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WP(CRL.) NO. 134 OF 2022

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Heard the learned counsel for the petitioner and

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the learned Special Public Prosecutor for the Vigilance. I

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am inclined to dispose of the Writ Petition (Crl) itself with a direction to the Enquiry Commissioner and Special Judge, Thalassery, to take up and dispose of on merits

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the final report in VC.No.1/2018 of the VACB, Special Cell, Kozhikode, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgment.

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Writ Petition (Crl) is disposed of.

sd/-

SUNIL THOMAS, JUDGE

R.AV

WP(CRL.) NO. 134 OF 2022

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APPENDIX

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EXHIBIT P1 : A TRUE COPY OF THE CONFIDENTIAL VERIFICATION REPORT SUBMITTED BY THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, KOZHIKODE.

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EXHIBIT P2: A TRUE COPY OF F.I.R IN VC.NO.1/2018 OF VACB, SPECIAL CELL, KOZHIKODE ALONG WITH THE STATEMENT THEREIN.

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EXHIBIT P3: A TRUE COPY OF THE JUDGMENT DATED 26.10.2018 IN WP(C)NO.34202/2018 OF THIS HON’BLE COURT.

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EXHIBIT P4: A TRUE COPY OF THE JUDGMENT DATED 09.04.2021 IN WP(C)NO.34433/2019 OF THIS HON’BLE COURT.

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EXHIBIT P5: A TRUE COPY OF THE FINAL REPORT SUBMITTED IN VC.NO.1/2018 ON THE FILE OF THE HON’BLE ENQUIRY COMMISSIONER AND SPECIAL COURT, THALASSERY.

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EXHIBIT P6: A TRUE COPY OF THE PROCEEDINGS ON FINAL REPORT IN VC.NO.1/2018 ON THE FILE OF THE HON’BLE ENQUIRY COMMISSIONER AND SPECIAL COURT, THALASSERY.

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WP(CRL.) NO. 134 OF 2022

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EXHIBIT P7: A TRUE COPY OF THE ORDER DATED 05.10.2021 IN C.M.P.NO.536/2016 OF THE HON’BLE ENQUIRY COMMISSIONER AND SPECIAL COURT, MUVATTUPUZHA.

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EXHIBIT P8: A TRUE COPY OF THE ORDER DATED 05.10.2021 IN C.M.P.NO.539/2016 OF THE HON’BLE ENQUIRY COMMISSIONER AND SPECIAL COURT, MUVATTUPUZHA.

B.Mohammed Jamal v. the Superintendent of Police

Case brief

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B.Mohammed Jamal v. the Superintendent of Police

Case brief

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