Dr.Radhakrishnan vs State Of Kerala
2022 Latest Caselaw 8567 Ker

          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