Prasad v. Deputy Superintendant
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS MONDAY, THE 25TH DAY OF MAY 2015/4TH JYAISHTA, 1937 WP(C).No. 9175 of 2015 (V) --------------------------- PETITIONER :
--------------------- PRASAD, AGED 40 YEARS S/O.KOTTADAYIL SUKUMARAN, NEAR SOLVENT ROAD IRINJALAKUDA, MUKUNDAPURAM, THRISSUR.
BY SENIOR ADVOCATE SRI. RANJITH THAMBAN BY ADV. SMT.P.R.REENA RESPONDENTS :
--------------------------
1. DEPUTY SUPERINTENDANT, VIGILANCE & ANTI-CORRUPTION BUREAU, THRISSUR UNIT SHORNUR ROAD, THRISSUR, PIN - 680 001.
2. UNNAYI WARRIER SMARAKA KALANILAYAM, REPRESENTED BY ITS SECRETARY, UNNAYI WARRIER ROAD IRINJALAKUDA, THRISSUR - 680 021.
3. STATE OF KERALA, REPRESENTED BY ITS SECRETARY DEPARTMENT OF CULTURAL AFFAIRS, THIRUVANANTHAPURAM KERALA, PIN - 695 001.
R1 & R3 BY STATE ATTORNEY SRI. P. VIJAYA RAGHAVAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25-05-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C).No. 9175 of 2015 (V) -------------------------------------- APPENDIX PETITIONERS' EXHIBITS :
------------------------------------- EXHIBIT P1.
TRUE COPY OF THE CMP 409/13 FILED BEFORE THE THRISSUR ENQUIRY COMMISSIONER & SPECIAL JUDGE (VIGILANCE). EXHIBIT P2.
TRUE COPY OF THE NOTICE DATED 23.07.2014, SECRETARY, DEPARTMENT OF CULTURAL AFFAIRS.
EXHIBIT P3.
TRUE COPY OF THE FINANCIAL AUDIT REPORT WITH LETTER DATED 18.11.2014 OF UNDER SECRETARY AND STATE PUBLIC INFORMATION OFFICER.
EXHIBIT P4.
GOVT. ORDER GO(P)NO.18/97/VIG. DATED 05.04.1997. RESPONDENT(S)' EXHIBITS : NIL -------------------------------------------------------------- //TRUE COPY// P.S. TO JUDGE Mn
ALEXANDER THOMAS, J.
================== W.P.(C).No. 9175 of 2015 ================== Dated this the 25th day of May, 2015
J U D G M E N T
This Writ Petition has been filed with the prayer for a writ of mandamus to direct the 1st respondent to submit final report in Criminal Miscellaneous Petition No.409/2013 before the Court of Enquiry Commissioner & Special Judge (Vigilance), Thrisur, within such time deems fit, etc., 2.
It is recorded in the order dated 6.4.2015 in this case that the Public Prosecutor had submitted that the quick verification is already over and that the officer of the Vigilance and Anti Corruption Bureau (VACB) has filed such report before the Special Court. Accordingly, this Court had called for a report from the Special Court regarding the action taken on such quick verification report submitted by the VACB.
3.
Accordingly, the office of the Court of Enquiry Commissioner and Special Judge (Vigilance), Thrissur, has submitted a report 13.5.2015 stating that the Dy.SP., concerned had submitted the quick verification report through the VACB, which reached the
- : 2 :- said court on 30.3.2015 and as the outcome of the quick verification was not made known to the complainant, the posting was advanced to 4.5.2015 suo motu and notice was issued to the counsel for the complainant to appear on 12.5.2015 for filing objection, if any, on the final report and Crl.M.P.No.409/2013. That on 12.5.2015, the counsel for the complainant prayed for time for filing objection on the quick verification report and that Crl.M.P.No.405/2015 thus stands adjourned to 12.6.2015. 4.
Today when the matter taken up for consideration, the learned counsel for the petitioner submitted that the petitioner has received a copy of the above said report and that he would be submitting objections thereto before the special court without further delay. In view of the above said submission of the petitioner, no further orders are necessary, except to observe that it is for the petitioner to submit his objections if any, to the Special Court, in which case, the said court shall consider the same and take appropriate decision thereon in accordance with law. With these observations and directions, the Writ Petition (Civil) stands finally disposed of.
Sd/- sdk+ ALEXANDER THOMAS, JUDGE ///True copy/// P.S. to Judge
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