Bijo Alexander vs State Of Kerala
2021 Latest Caselaw 13967 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                            PRESENT
        THE HONOURABLE MR. JUSTICE R. NARAYANA PISHARADI
   TUESDAY, THE 6TH DAY OF JULY 2021 / 15TH ASHADHA, 1943
                    WP(C) NO. 18664 OF 2020
PETITIONER:
          BIJO ALEXANDER
          AGED 51 YEARS
          S/O.K.M.ALEXANDER, DEPUTY SUPERINTENDENT OF
          POLICE, DISTRICT SPECIAL BRANCH, WAYANAD, PIN -
          670 646 RESIDENT OF HOUSE NO.19/351/D OF
          TRIPUNITHURA MUNICIPALITY, VALLIALIL KALLUKATTIL
          HOUSE, NADAMA VILLAGE, TRIPUNITHURA P.O.,
          ERNAKULAM DISTRICT, PIN - 682 301.

           BY ADVS.
           C.S.MANU
           SRI.S.K.PREMRAJ
           SRI.T.B.SIVAPRASAD
           SRI.C.A.ANUPAMAN
           SRI.C.Y.VIJAY KUMAR
           SMT.MANJU E.R.
           SHRI.ANANDHU SATHEESH
RESPONDENTS:
    1     STATE OF KERALA
          REP. BY THE SECRETARY, DEPARTMENT OF HOME AND
          VIGILANCE, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695 001.

    2      STATE POLICE CHIEF/DIRECTOR GENERAL OF POLICE
           POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, PIN -
           695 001.

    3      DIRECTOR OF VIGILANCE AND ANTI-CORRUPTION BUREAU
           DIRECTORATE, PMG, VIKAS BHAVAN P.O.,
           THIRUVANANTHAPURAM, PIN - 695 033.

    4      DEPUTY SUPERINTENDENT OF POLICE
           VIGILANCE AND ANTI -CORRUPTION BUREAU, SPECIAL
           CELL 38/2871, CBI ROAD, NEAR CBI OFFICE,
           KATHRIKADAVU, KALOOR, ERNAKULAM, PIN - 682 017.

           BY ADV.SRI.A.RAJESH,SPL.PP,VACB

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
06.07.2021, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 18664 OF 2020

                                     2




                    R. NARAYANA PISHARADI, J
               -------------------------------------------
                    W.P (C). No. 18664 of 2020
               -------------------------------------------
                    Dated this the 06th day of July, 2021


                               JUDGMENT

The petitioner is the accused in the case registered as

VC14/2016/SCE by the Vigilance and Anti-Corruption Bureau

(VACB), Special Cell, Ernakulam for the offence punishable under

Section 13(1)(e) read with 13(2) of the Prevention of Corruption

Act, 1988.

2. This writ petition is filed by the petitioner to issue a

direction to the investigating officer to consider certain documents

and also the representation made by him during the investigation

of the case.

3. When the matter came up for hearing yesterday,

learned Public Prosecutor submitted that final report has already

been filed in the case by the VACB in the competent court and the

court has also taken cognizance of the offence and the case is now

pending before the jurisdictional court as C.C.No.21/2020. WP(C) NO. 18664 OF 2020

4. The case was adjourned and posted today to enable the

learned counsel for the petitioner to get instructions in the matter.

5. When the case is taken up today for hearing, learned

counsel for the petitioner submits that the petitioner may be

permitted to withdraw the writ petition with liberty to challenge the

final report filed against him in the appropriate proceedings.

6. Consequently, the writ petition is dismissed as

withdrawn. However, the petitioner is at liberty to challenge the

final report filed against him in the appropriate proceedings, if he is

advised to do so.

Sd/-R. NARAYANA PISHARADI JUDGE lsn