Kerala High Court
Rajesh Santhu vs K.Anil Kumar on 23 September, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.HARIPAL
THURSDAY, THE 23RD DAY OF SEPTEMBER 2021 / 1ST ASWINA, 1943
OP(CRL.) NO. 306 OF 2021
CC 37/2013 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, VAIKOM,
KOTTAYAM
PETITIONER:
RAJESH SANTHU
AGED 49 YEARS
S/O. SANTHU, CHERIYAKOTTAYATH,
PALLIPPURATHUSSERRY P.O.,
VAIKOM, KOTTAYAM DISTRICT
BY ADVS.
C.RAJENDRAN
B.K.GOPALAKRISHNAN
RESPONDENTS:
1 K.ANIL KUMAR
AGED 54 YEARS
S/O. PARAMESWARA PANICKER, PRESIDENT VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT VALLOOR HOUSE, PALLIPPURATHUSSERRY
P.O., VAIKOM, KOTTAYAM-686 141
2 N.K.SEBASTIAN
AGED 58 YEARS
S/O. KURIAN, SECRETARY VAIKOM PALLIPPURATHUSSERY
SERVICE CO-OPERATIVE BANK.LTD.NO.K 923, RESIDING AT
KADUKKAVELIL HOUSE, PALLIPPURATHUSSERRY P.O., VAIKOM,
KOTTAYAM -686 141
3 M.V.GEORGE @ KOCHU,
AGED 62 YEARS
S/O. VARKEY, FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT MAYAMPARAMBIL HOUSE,
PALLIPPURATHUSSERRY P.O., VAIKOM, KOTTAYAM -686 141
4 OMANAKUTTAN
AGED 52 YEARS
S/O.PAVITHRAN, FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT MAZHUVANCHERRY HOUSE,
O.P.(Crl.)No.306 OF 2021 2
PALLIPPURATHUSSERRY P.O., VAIKOM, KOTTAYAM -686 141
5 GEORGE KURUVILA
AGED 58 YEARS
S/O KURUVILA, FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT PALAMPARAMBIL HOUSE,
PALLIPPURATHUSSERRY P.O., VAIKOM, KOTTAYAM -686 141
6 K.R SAHAJAN
AGED 53 YEARS
S/O.RAGHAVAN, FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT KULATHUMKAL HOUSE,
PALLIPPURATHUSSERRY P.O., VAIKOM, KOTTAYAM -686 141
7 BIJU MATHEW
AGED 54 YEARS
S/O.MATHEW, FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT MANTHUVALLIL HOUSE,
PALLIPPURATHUSSERRY P.O., VAIKOM, KOTTAYAM -686 141
8 CYRIL JOSEPH
AGED 51 YEARS
S/O. JOSEPH, FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT PUTHENPURAKKAL HOUSE,
PALLIPPURATHUSSERRY P.O., VAIKOM, KOTTAYAM -686 141
9 K.T.THOMAS
AGED 84 YEARS
S/O. JOSEPH, FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT PALETHU HOUSE, PALLIPPURATHUSSERRY
P.O., VAIKOM, KOTTAYAM -686 141
10 N.SASI
AGED 56 YEARS
S/O. NARAYANAN, FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT KUNNATHUCHIRA HOUSE,
PALLIPPURATHUSSERRY P.O., VAIKOM, KOTTAYAM -686 141
11 SINDHU
AGED 45 YEARS
W/O.RAJU, FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE BANK.LTD.NO.K
923, RESIDING AT PARATHATTAYIL HOUSE,
O.P.(Crl.)No.306 OF 2021 3
PALLIPPURATHUSSERRY P.O., VAIKOM, KOTTAYAM -686 141
12 SANTHA.R.
AGED 65 YEARS
FORMER DIRECTOR BOARD MEMBER,VAIKOM
PALLIPPURATHUSSERY SERVICE CO-OPERATIVE
BANK.LTD.NO.K.923, RESIDING AT KARUKASSERIL HOUSE,
PALLIPPURATHUSSERRY P.O., VAIKOM, KOTTAYAM -686 141
13 R.PANKAJASKHAN
AGED 72 YEARS
S/O. RAKAKRISHNA KURUP, FORMER SALES EXECUTIVE,
MARKET FED, KOTTAYAM, RESIDING AT VAISAK HOUSE,
PADAYANARKULANGARA THEKKU, KARUNAGAPPALLY VILLAGE,
KOLLAM-690 518
14 JOSEPH ANTONY
AGED 53 YEARS
S/O.ANTONY, FORMER AGENT OF VAIKOM PALLIPPURATHUSSERY
SERVICE CO-OPERATIVE BANK.LTD.NO.K.923, RESIDING AT
MANTHUVALLIL HOUSE, KANNUKETTUSSERRY P.O., VAIKOM,
KOTTAYAM-686 141
15 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM-682 031
R15 BY SRI. NOUSHAD, SENIOR PUBLIC PROSECUTOR
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
23.09.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
O.P.(Crl.)No.306 OF 2021 4
JUDGMENT
Petitioner is the defacto complainant in C.M.P. No.
290/2003 who initiated the proceedings by filing a complaint
before the Enquiry Commission Special Judge, Thrissur. Later
the matter was referred to the Vigilance and on conclusion of
investigation charge sheet was laid before the Judicial First Class
Magistrate, Vaikom, where the case is pending as C.C. No.
37/2013. The limited contention of the petitioner is that the case
is pending for over 18 years and therefore prayed for disposal of
the case at the earliest.
2. A report was called from the Judicial First Class
Magistrate, Vaikom where the case is pending. The learned
Magistrate has reported that there are 77 witnesses in the charge
sheet, of which only 15 could be examined so far, that remaining
62 witnesses have to be examined, that the total pendency in the
court is 11779 and thus the learned Magistrate has sought for at
least one year for the finalisation of the proceedings.
3. Heard the learned counsel for the petitioner and also
the learned Senior Public Prosecutor.
4. The allegations against the respondents 1 to 14 are
very serious. It is alleged that during the period from 24.3.2000
to 26.5.2000, they had committed misappropriation of a
whopping amount of Rs. 60,47,827/-. In other words, the cause
of action had arisen more than 21 years before and it is sad state
of affairs that even after 21 years, the proceedings have not come
to logical conclusion. It is true that large number of cases are
pending before the learned Magistrate. It is equally important
that old cases should be given top priority.
5. Therefore, the learned Judicial First Class
Magistrate, Vaikom is directed to give top priority to C.C. No.
37/2013 and dispose of the same within a period of nine months
from the date of receipt of a copy of this judgment. As far as
possible, the learned Magistrate shall ensure day to day trial of
witnesses. It goes without saying that the prosecuting agency
shall facilitate such a trial by making available witnesses
promptly.
The original petition is disposed of as above.
Sd/-
K.HARIPAL
JUDGE
DCS/24.09.2021
APPENDIX OF OP(CRL.) 306/2021
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE PHOTOCOPY OF THE ORDER OF THE COURT
OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE
THRISSUR, IN CMP NO.290/2003 DATED
24.05.2003
EXHIBIT P2 A TRUE PHOTOCOPY OF THE FINAL REPORT IN
CRIME NO.VC-12/2004/KTM SUBMITTED BY THE
VIGILANCE AND ANTI-CORRUPTION BUREAU BEFORE
THE JUDICIAL FIRST CLASS MAGISTRATE COURT,
VAIKOM, KOTTAYAM DATED 22.11.2012
