Varghese Mani v. Superintendent Of Police

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE B.KEMAL PASHA TUESDAY, THE 8TH DAY OF DECEMBER 2015/17TH AGRAHAYANA, 1937 Crl.MC.No. 7341 of 2015 () --------------------------- V.C. NO.04/2006/VACB OF ENQUIRY COMMISSIONER AND SPECIAL COURT, KOZHIKODE.

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PETITIONER/ACCUSED:

----------------------------------- VARGHESE MANI, ASSISTANT EXECUTIVE ENGINEER, IRRIGATION NORTH SUB DIVISION, CIVIL STATION, KOZHIKODE.

BY ADVS.SRI.G.HARIHARAN, SRI.PRAVEEN.H.

RESPONDENTS/COMPLAINANT & STATE:

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1. SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, SPECIAL CELL, KOZHIKODE - 673 001.

2. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM - 682 031.

BY PUBLIC PROSECUTOR SMT.P. MAYA.

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 08-12-2015, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

rs.

Crl.MC.No. 7341 of 2015 APPENDIX PETITIONER'S ANNEXURES:- A I - TRUE COPY OF THE ORDER V.C NO. 4/2006 DATED 05.11.2013 ISSUED BY THE VIGILANCE COURT, KOZHIKODE.

A II - TRUE COPY OF THE ORDER DATED 03.07.2014 MADE IN CRIMINAL REVISION PETITION NO. 432/2014 BY THIS HON'BLE COURT.

A IIITRUE COPY OF THE REPORT DATED 19.02.2015 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE COURT OF ENQUIRY COMMISSION AND SPECIAL JUDGE, KOZHIKODE IN CONNECTION WITH V.C 4/2006/SCK, KOZHIKODE.

A IV - TRUE COPY OF THE ORDER MADE BY THE COURT OF ENQUIRY COMMISSION AND SPECIAL JUDGE, KOZHIKODE IN V.C 4/2006/SCK, KOZHIKODE IN 25.08.2015.

RESPONDENT'S ANNEXURES:- NIL.

//TRUE COPY// P.S. TO JUDGE rs.

B.KEMAL PASHA, J.

================ Crl.M.C. No. 7341 of 2015 ======================= Dated this the 8th day of December, 2015

O R D E R

Dissatisfied with the final report filed by the Vigilance and Anti-Corruption Bureau before the court below, the court below has ordered a further investigation under Section 173(8) Cr.P.C. Now, that is being challenged by the accused in the case.

2. It is trite law that the accused has no locus standi in the matter to challenge a further investigation under Section 173(8) Cr.P.C. This Crl.M.C is devoid of merits and is only to be dismissed and I do so. In the result, this Crl.M.C is dismissed.

Sd/- B.KEMAL PASHA, JUDGE stu /8/12/2015