Tom K.Joseph v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.KEMAL PASHA WEDNESDAY, THE 2ND DAY OF SEPTEMBER 2015/11TH BHADRA, 1937 OP(Crl.).No. 186 of 2014 (Q) ----------------------------- VC.NO. 15/2008 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOTTAYAM ------------------- PETITIONER :
----------------------- TOM K.JOSEPH, S/O K.J. JOSEPH, AGED 54 YEARS, KURIKKAKUNNEL HOUSE, VELICHIYANI, PARATHODU P.O, KANJIRAPALLY, KOTTAYAM.
BY ADV. SRI.P.R.VENKETESH RESPONDENT(S):
----------------------------
1. STATE OF KERALA, RERPESENTED BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM -682 031
2. DEPUTY SUPERINTENDENT, VIGILANCE, THODUPUZHA,PIN-685 626 R1 & R2 BY STATE ATTORNEY SRI.P.VIJAYARAGHAVAN BY PUBLIC PROSECUTOR SMT. SAREENA GEORGE THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02-09-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
sts
OP(Crl.).No. 186 of 2014 (Q) ----------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 TRUE COPY OF THE RESOLUTION OF THE PACHAYAT DATED 15-06-2007 EXHIBIT P2 TRUE COPY OF THE FIR PREPARED BEOFRE THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR EXHIBIT P3 TRUE COPY OF THE FINAL REPORT DATED 05-05-2012 FILED BEFORE THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOTTAYAM EXHIBIT P4 TRUE COPY OF THE PETITION DATED 24-09-2013 BEFORE THE VIGILANCE COURT, KOTTAYAM BY THE PETITIONER EXHIBIT P5 TRUE COPY OF THE MEMO ISSUED TO ALI, DATED 1/8/2014. RESPONDENT(S)' EXHIBITS:
NIL ----------------------------------------- /TRUE COPY/ P.A.TO JUDGE sts
B.KEMAL PASHA, J.
=================== O.P.(Crl).No.186 of 2014 ==================== Dated this the 2nd day of September, 2015
J U D G M E N T
Petitioner has filed Exhibit P4 application before the Enquiry Commissioner and Special Judge (Vigilance), Kottayam seeking discharge from C.C.No.42 of 2012. Vide letter dated 16.09.2014, the Enquiry Commissioner and Special Judge (Vigilance), Kottayam has reported that a reinvestigation was ordered in the matter and therefore, the Final Report, already filed in the case, was taken away and a re-investigation is being proceeded with. The learned Special Judge has reported that such a re-investigation has commenced on 04.08.2014 and therefore, there is no scope for any such discharge application.
2. Presently, there is no scope for Exhibit P4 to be continued with. When a re-investigation is made, it will be a totally different scenario. In case the investigating officer
O.P.(Crl).No.186 of 2014 again finds that the petitioner should continue as an accused in the Final Report, it will be open to the petitioner to approach the court below once again with such an application under Section 239 Cr.P.C.
With the said liberty to the petitioner, this O.P.(Crl) is closed.
Sd/- B. KEMAL PASHA JUDGE DSV/7/9/15