Disposed

Aiswarya Babu v. Deputy Superintendent of Police (Dy.S.P of Police)

Kerala HC27 Nov 2023Crl.MC/10079/2023

Case brief

AI extract

What is this about?

Petitioners, relatives of an accused facing corruption charges, approached this court seeking direction to the trial court to decide a petition to lift bank account and locker freezes. The court directed the trial court to consider the petition within three weeks.

What did the court decide?

The Trial Court is directed to consider and pass appropriate orders on the petition to lift freezing of bank accounts and locker facilities within three weeks.

Aiswarya Babu Vs Deputy Superintendent of Police (Dy.S.P of Police) — Corruption | Kerala HC (2023)

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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 K. BABU

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MONDAY, THE 27^TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945

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CRL.MC NO. 10075 OF 2023

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IN CRMP 1409/2022, OF COURT OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, EKM AT MUVATTUPUZHA

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CC 2/2018 OF COURT OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, EKM AT MUVATTUPUZHA

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PETITIONER/PETITIONERS/PETTIONERS IN CMP 1409/2022:

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1 VIBIN M B AGED 35 YEARS MUNDIYATH HOUSE, PALLISSERY ROAD, PALARIVATTOM P.O, COCHIN, PIN - 682025 2 AISWARYA BABU AGED 35 YEARS MUNDIYATH HOUSE, PALLISSERY ROAD, 22PALARIVATTOM P.O, COCHIN-, PIN - 682025 BY ADVS. C.S.AJITH PRAKASH T.K.DEVARAJAN ANCY THANKACHAN NIDHIN RAJ VETTIKKADAN AKASH JOSHI BABU M.

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RESPONDENT/RESPONDENTS/RESPONDENT IN CMP 1409/2022:

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1 1. DEPUTY SUPERINTENDENT OF POLICE (DY.S.P OF POLICE) VIGILANCE AND ANTI CORRUPTION BUREAU,SPECIAL CELL ERNAKULAM, (REPRESENTED BY THE PUBLIC PROSECUTOR, COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, MUVATTUPUZHA), PIN - 686673

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2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN - 682031 RAJESH A,SPL GP VIGILANCE,REKHAS SR.PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. Nos. 10075 & 10079 of 2023

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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 K. BABU

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MONDAY, THE 27^TH DAY OF NOVEMBER 2023 / 6TH AGRAHAYANA, 1945 CRL.MC NO. 10079 OF 2023

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PETITIONER/PETITIONER/PETITIONER IN CMP 1410/2022:

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AISWARYA BABU AGED 35 YEARS D/O BABU, MUNDIYATH HOUSE, PALLISSERY ROAD, 22PALARIVATTOM P.O, COCHIN-, PIN - 682025

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BY ADVS. C.S.AJITH PRAKASH T.K.DEVARAJAN BABU M. ANCY THANKACHAN NIDHIN RAJ VETTIKKADAN AKASH JOSHI

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RESPONDENT/RESPONDENTS/RESPONDENT IN CMP :

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1 DEPUTY SUPERINTENDENT OF POLICE (DY.S.P OF POLICE) VIGILANCE AND ANTI CORRUPTION BUREAU,SPECIAL CELL ERNAKULAM, (REPRESENTED BY THE PUBLIC PROSECUTOR, COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, MUVATTUPUZHA), PIN - 686673

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2 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR HIGH COURT OF KERALA, PIN - 682021

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RAJESH A,SPL GP VIGILANCE,REKHA S,SR PP

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THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 27.11.2023, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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Crl.M.C. Nos. 10075 & 10079 of 2023

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COMMON O R D E R

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The Vigilance and Anti Corruption Bureau, Special Cell, Ernakulam registered FIR No.VC 17/2016/SEC against a former Minister alleging offences punishable under Sections 13(1)(d) and 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988. The matter is now pending as C.C.No.2/2018 before the Court of Enquiry Commissioner and Special Judge (Vigilance), Muvattupuzha.

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The petitioners are the son-in-law and daughter of the

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accused.

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During the investigation, the Investigating Officer directed to freeze the bank accounts and lockers maintained by the petitioners with the Union Bank of India, Ponnurunni Branch. The petitioners filed Annexure A6 petition before the Court of Enquiry Commissioner and Special Judge seeking to lift the freezing of bank accounts and locker facility. The grievance of the petitioners is that the Trial Court is not proceeding to decide Annexure-A6 petition filed by the petitioners for the reason that this Court in Crl.R.P No.405/2019 deferred framing of charges against the accused.

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Crl.M.C. Nos. 10075 & 10079 of 2023

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The learned counsel for the petitioners submits that the delay in processing Annexure A6 petition submitted by the petitioners causes difficulties to the petitioners.

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As per Annexure A3 order dated 02.04.2019, this Court in Crl.R.P.No.405/2019 directed the Trial Court that if the Court had not framed charges, the framing of charges shall stand deferred. Annexure A3 interim order is getting extended and is still in force.

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This Court is of the view that the interim order deferring the framing of charges against the petitioners shall not in any way prevent the Trial Court in deciding Annexure A6 petition filed by the petitioners and therefore, the Trial Court is directed to consider and pass appropriate orders in Annexure A6 within three weeks from the date of production of a certified copy of this order.

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These Crl.M.Cs are disposed of accordingly.

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Sd/-K.BABU JUDGE

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lsn

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Crl.M.C. Nos. 10075 & 10079 of 2023

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APPENDIX OF CRL.MC 10075/2023

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PETITIONER ANNEXURES

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Annexure A1 A TRUE COPY OF THE FINAL REPORT WITHOUT THE STATEMENT OF CWS IN CRIME NO. VC 17/2016/SEC DATED 23-03-2018 Annexure A2 A TRUE COPY OF THE STATEMENT FILED BY THE DYSP VACB DATED 20.02.2019 Annexure A3 A TRUE COPY OF THE INTERIM ORDER DATED 02.04.2019 IN CRL.R.P.405/2019 Annexure A4 A TRUE COPY OF THE INTERIM ORDER DATED 23.05.2019 IN CRL.R.P.405/2019 Annexure A5 A TRUE COPY OF THE INTERIM ORDER DATED 16.10.2023 IN CRL.R.P.NO.405/2019 Annexure A6 A TRUE COPY OF THE CRL.M.P. NO 1409/2022 FILED BY THE PETITIONER Annexure A7 A TRUE COPY OF THE REPORT DATED 19.07.2022 FILED BY THE DY.SP VACB BEFORE THE TRIAL COURT Annexure A8 A TRUE COPY OF THE 'B DIARY' PROCEEDINGS IN CMP.1409/2022 OF THE TRIAL COURT, MUVATTUPUZHA Annexure A9 A TRUE COPY OF THE LETTER NO.VC17/2016/SCE DATED 10-12-2019 ISSUED BY THE DYSP, VACB TO THE MANAGER, UNION BANK OF INDIA

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Crl.M.C. Nos. 10075 & 10079 of 2023

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APPENDIX OF CRL.MC 10079/2023

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PETITIONER ANNEXURES

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Annexure A1 A TRUE COPY OF THE FINAL REPORT WITHOUT THE STATEMENT OF CWS IN CRIME NO. VC 17/2016/SEC DATED 23-03-2018 Annexure A2 A TRUE COPY OF THE STATEMENT FILED BY THE DYSP VACB DATED 20.02.2019 Annexure A3 A TRUE COPY OF THE INTERIM ORDER DATED 02.04.2019 IN CRL.R.P.405/2019 Annexure A4 A TRUE COPY OF THE INTERIM ORDER DATED 23.05.2019 IN CRL.R.P.405/2019 Annexure A5 A TRUE COPY OF THE INTERIM ORDER DATED 16.10.2023 IN CRL.R.P.NO.405/2019 Annexure A6 A TRUE COPY OF THE CRL.M.P. NO 1410/2022 FILED BY THE PETITIONER Annexure A7 A TRUE COPY OF THE REPORT DATED 19.07.2022 FILED BY THE DY.SP VACB BEFORE THE TRIAL COURT Annexure A8 A TRUE COPY OF THE 'B DIARY' PROCEEDINGS IN CMP.1410/2022 OF THE TRIAL COURT, MUVATTUPUZHA

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RESPONDENTS EXHIBITS: NIL

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TRUE COPY

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P.A TO JUDGE

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LSN

Aiswarya Babu v. Deputy Superintendent of Police (Dy.S.P of Police)

Case brief

What is this about?

What did the court decide?

Aiswarya Babu v. Deputy Superintendent of Police (Dy.S.P of Police)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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