Citation : 2022 Latest Caselaw 10421 Ker
Judgement Date : 7 October, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K. BABU
FRIDAY, THE 7TH DAY OF OCTOBER 2022 / 15TH ASWINA, 1944
WP(CRL.) NO. 782 OF 2022
PETITIONER:
MR. V. RAJEENDRANATH,
AGED 64 YEARS,
S/O LATE SADASIVAN,
28/309 A1, NATH THONDAYAD, KOTTOOLI,
CHEVARAMBALAM, KOZHIKODE DISTRICT
MANAGING PARTNER, M/S NATH INFRASTRUCTURES,
28/309A1, NATH THONDAYAD, KOTTOOLI,
CHEVARAMBALAM, KOZHIKODE DISTRICT.
PIN - 673017
BY ADV ADITHYA RAJEEV
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM,
PIN - 682031
2 THE DEPUTY SUPERINTENDENT OF POLICE
VIGILANCE AND ANTI CORRUPTION BUREAU,
WAYANAD UNIT, MEENANGNADI P.O,
WAYANAD DISTRICT.
PIN - 673593
BY ADV
SMT. REKHA.S. (SR.P.P)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 07.10.2022, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl) No.782 of 2022 2
K.BABU, J.
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W.P.(Crl) No. 782 of 2022
---------------------------------------------
Dated this the 7th day of October, 2022
JUDGMENT
The prayers in this Writ Petition filed under Article 226 of the
Constitution of India are as follows:-
"(i) to issue a writ of mandamus or any other appropriate writ, order or direction, directing the 2 nd respondent to complete the further investigation in V.C.No.01/2015/Wayanad of the Vigilance and Anti- Corruption Bureau (VACB) Wayanad expeditiously and within a time frame as may be prescribed by this Hon'ble Court' and
(ii) to grant such other reliefs as this Honourable Court may deem fit in the circumstances of this case."
2. The learned Senior Public Prosecutor submitted that the
VACB has completed further investigation and submitted a factual
report before the competent authority for approval. It is further
submitted that the VACB in the further investigation has concluded
that there is no evidence to prosecute A1 to A3.
In this circumstance, the competent authority will take a
decision in the factual report placed before it expeditiously.
The Writ Petition (Criminal) is closed as above.
Sd/-
K.BABU JUDGE VPK
APPENDIX OF WP(CRL.) 782/2022
PETITIONER EXHIBITS
Exhibit-P1 A TRUE COPY OF THE ORDER DATED 30-06-2020 IN V.C 1/2015/WAYANAD OF THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THALASSERY
Exhibit-P2 A TRUE COPY OF THE ORDER DATED 06-08-2021 IN CRL.M.C NO. 3223 OF 2020 OF THIS HON'BLE COURT
Exhibit-P3 A TRUE COPY OF THE CERTIFICATE OF COMPLETION OF WORK
Exhibit-P4 A TRUE COPY OF THE COMMUNICATION DATED 18-
08-2022 ISSUED BY THE FEDERAL BANK
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