Petitioner alleged misappropriation of funds by respondent No.5, prompting a vigilance complaint. Court found investigation was in final stage but directed the Investigating Officer to complete it within five months.
Direction to the Deputy Superintendent of Police to complete the investigation within five months from the date of the order.
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
FRIDAY, THE 18TH DAY OF NOVEMBER 2022 / 27TH KARTHIKA, 1944 WP(CRL.) NO. 621 OF 2022
PETITIONER:
THOMAS MATHEW AGED 59 YEARS S/O. MATHAI, VENGASSERIL HOUSE, KEERAMPARA P.O, KOTHAMANGALAM TALUK, ERNAKULAM DISTRICT - 686681. BY ADVS. ALEXANDER JOSEPH M.V.SABU AKHILASREE BHASKARAN ANTONY NIKHIL REMELO
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AND VIGILANCE AND ANTI-CORRUPTION, SECRETARIAT, THIRUVANANTHAPURAM - 01. 2 THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, ERNAKULAM - 682017.
5 JEEMON PHILIPHOSE, S/O. PHILIPHOSE, AGED ABOUT 48 YEARS, THELAKKATTU HOUSE, IROORPADAM P.O, KOTHAMANGALAM, ERNAKULAM DISTRICT - 686692. BY ADV ADVOCATE GENERAL OFFICE KERALA
SMT. REKHA.S SENIOR PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
18.11.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P (Crl)No.621 OF 2022
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JUDGMENT
Dated this the 18th day of No vember , 2022
The prayers in this writ petition read as follows:
(I) Issue a writ of mandamus, order of direction directing the 1st and 2nd Respondents to conduct and complete the investigation of the case registered as per Exhibit P4 FIR without further delay and within the time limit fixed by this Hon'ble court.
(II) Issue such other appropriate with, order or direction that this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
W.P (Crl)No.621 OF 2022
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Corruption Bureau is not taking effective steps in the investigation of the matter.
narrating the stage of investigation. It is reported that
the investigation is in the final stage. The Investigating Officer seeks 5 months' time for the completion of the investigation.
This writ petition is disposed of as above.
Sd/-
K.BABU
JUDGE
AP
W.P (Crl)No.621 OF 2022
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APPENDIX OF WP(CRL.) 621/2022
PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF CMP NO. 809/2019 DATED 11.07.2019 OF THE PETITIONER BEFORE THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE MUVATTUPUZHA. Exhibit P2 TRUE COPY OF THE ORDER DATED 21.08.2019 IN CMP NO. 809/2019 OF THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, MUVATTUPUZHA. Exhibit P3 TRUE COPY OF THE PRELIMINARY REPORT DATED 16.10.2019 OF THE 2ND RESPONDENT BEFORE THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, MUVATTUPUZHA. Exhibit P4 TRUE COPY OF FIR NO.3/2020 DATED 05.08.2020 OF VIGILANCE AND ANTI - CORRUPTION, ERNAKULAM UNIT.
1 issue framed by the court
Whether the vigilance investigation into the petitioner's grievance is delayed and requires court direction for timely completion?
Thomas Mathew
State of Kerala represented by the Secretary to Government, Department of Home and Vigilance and Anti-Corruption
The Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Ernakulam
The Manager, St. Stephen's Higher Secondary School, Keerampara
The District Educational Officer, Kothamangalam
Jeemon Philipose
Justice K. Babu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
