IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
WEDNESDAY, THE 6TH DAY OF JULY 2022 / 15TH ASHADHA, 1944
OP(CRL.) NO. 332 OF 2022
AGAINST THE ORDER IN CRMP 308/2022 in CC NO.1/2019 OF
ENQUIRY COMMISSIONER& SPECIAL JUDGE,THRISSUR
PETITIONER/4TH ACCUSED :
DR.RADHAKRISHNAN
AGED 68 YEARS
S/O. NARAYANAN, SANTHIMADOM,
THEKKENALUVAZHI, N.PARAVUR,
,ERNAKULAM
PIN - 683513
BY ADVS.
ANOOP KRISHNA
V.A.PRADEEP KUMAR
RESPONDENTS/COMPLAINANT/ACCUSED NOS 1 TO 3:
1 STATE OF KERALA
REP BY PUBLIC PROSECUTOR ,
HIGH COURT OF KERALA,
PIN - 682013
2 SASEENDRAN C
62 YEARS OLD, . S/O KUMARAN,
SIVADAM, PANAYAPARAMBIL P O, MURINGERY,
KANNUR DISTRICT,PIN - 670001
3 SABU. M.J
S/O JACOB M,MANJALIL HOUSE,
P O CHAVAKKAD, TRISSUR, DISTRICT,
PIN - 620680
4 UMMER P I
S/O P K MOIDU,
POOVATHINKAL HOUSE, P O
MINALOOR,
TRISSUR DISTRICT,
PIN - 620680
OTHER PRESENT:
OP(CRL.) NO. 332 OF 2022
..2..
SR PP SRI.A.RAJESH
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
OP(CRL.) NO. 332 OF 2022
..3..
JUDGMENT
The prayer in this Original Petition filed under Article 227 of the Constitution of India is as follows:-
"Issue a direction to the Court below to consider Exhibit P2 in accordance with law within two months (Crl M.P.No.308/2022 in CC No.1/2019 on the file of the Enquiry Commissioner and Special Judge, Thrissur) in the interest of justice, till then all proceedings as per Exhibit P2 shall be kept in abeyance in the interest of justice."
2. The petitioner is the accused No.4 in CC No.1/2019 on the file of the Enquiry Commissioner and Special Judge, Thrissur. The offences alleged against the petitioner are punishable under Section 13(2) r/w 13(1)
(d) of PC Act 1988 and Section 120(B) of IPC.
3. The petitioner has filed Ext.P2 application under Section 239 of Cr.P.C. seeking discharge. The OP(CRL.) NO. 332 OF 2022 ..4..
learned counsel for the petitioner prayed for an expeditious disposal of Ext.P2 by the Court below.
4. The Court below is directed to dispose of Ext.P2 application within a period of three months from the date of production of a certified copy of this judgment. The personal appearance of the petitioner before the Trial Court is dispensed with till the disposal of Ext.P2 application.
The Original Petition is disposed of accordingly.
Sd/-
K. BABU, JUDGE kkj OP(CRL.) NO. 332 OF 2022 ..5..
APPENDIX OF OP(CRL.) 332/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE C.C.NO.1 OF 2019 ON THE FILE OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE THRISSUR.
Exhibit P2 TRUE COPY OF THE DISCHARGE PETITION IN CRI.MP. NO.308/2018 IN C.C.NO.1 OF 2022 COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE THRISSUR.
Exhibit P3 TRUE COPY OF THE JUDGMENT IN OP (CRIMINAL) NO. 307 OF 2022 ON 27.06.2022 FILES OF HON'BLE HIGH COURT OF KERALA