Dr.K.Jayaraman vs The State Of Kerala
2022 Latest Caselaw 2747 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                 THE HONOURABLE MR. JUSTICE SUNIL THOMAS
     FRIDAY, THE 11TH DAY OF MARCH 2022 / 20TH PHALGUNA, 1943
                         OP(CRL.) NO. 4 OF 2022
(IN C.C. 23/2017, ENQUIRY COMMISSIONER & SPECIAL JUDGE, THRISSUR)
PETITIONER/DEFACTO COMPLAINANT:

    1       DR.K.JAYARAMAN
            AGED 69 YEARS
            PRIYAM, PENTA GARDENS, KUTTICHIRA ROAD,
            KALATHODU, OLLUKKARA, THRISSUR.
            THRISSUR, PIN - 680655

            BY ADV. RAJESH CHAKYAT


RESPONDENTS/INVESTIGATION OFFICER/COMPLAINANT:

    1       THE STATE OF KERALA
            REPRESENTED BY THE PUBLIC PROSECUTOR
            HIGH COURT OF KERALA, PIN 682 031.
            ERNAKULAM, PIN - 682031

    2       THE SUPERINTENDENT OF POLICE
            VACB, SIU-1, POOJAPURA, CORRUPTION BEAURE
            THIRUVANANDHAPURAM.
            REPRESENTED BY THE PUBLIC PROSECUTOR,
            HIGH COURT OF KERALA, PIN - 682031

            BY ADV. SMT. REKHA S., SENIOR GOVERNMENT PLEADER


     THIS   OP     (CRIMINAL)   HAVING     COME   UP   FOR   ADMISSION   ON
11.03.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 OP(CRL.) NO. 4 OF 2022
                                        2




                                 JUDGMENT

Dated this the 11th day of March, 2022

The petitioner is the defacto complainant in C.C.

No.23/2017 pending before the Special Court

(Vigilance), Thrissur. The grievance of the petitioner

is that though the final report was filed in the year

2017 and cognizance of the above case was taken in

2017 itself, the matter is still awaiting trial.

2. Pursuant to a direction issued by this Court,

learned Enquiry Commissioner and Special Judge, by

communication dated 17.01.2022 has informed that

since a regular Public Prosecutor is not available, and

that there are 35 witnesses to be examined by the

prosecution, he may require 9 months from the date

of disposal of the discharge application.

Having heard the learned Counsel for the

petitioner and after perusing the records, I am

inclined to direct the court below to take up, consider

and dispose of Crl.M.P. No.225/2019, as expeditiously OP(CRL.) NO. 4 OF 2022

as possible, at any rate, within a period of three

months from the date of receipt of a copy of this

judgment and shall thereafter, depending on the

outcome of Crl.M.P. No.225/2019, dispose of C.C.

No.23/2017, as expeditiously as possible, at any rate,

within 9 months thereafter.

Sd/-

SUNIL THOMAS

JUDGE SKP/11-3 OP(CRL.) NO. 4 OF 2022

APPENDIX OF OP(CRL.) 4/2022

PETITIONER'S EXHIBITS:

EXHIBIT1 A TRUE COPY OF THE PETITION IN CMP NO.223/2009 DATED 29.05.2009 ON THE FILE OF THE SPECIAL COURT, (VIGILANCE), THRISSUR

RESPONDENTS' EXHIBITS

TRUE COPY

P.A.TO JUDGE