Madhusoodhanan M vs State Of Kerala
2024 Latest Caselaw 32426 Ker

Kerala High Court

Madhusoodhanan M vs State Of Kerala on 8 November, 2024

                                                    2024:KER:83255
              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

              THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

    FRIDAY, THE 8TH DAY OF NOVEMBER 2024 / 17TH KARTHIKA, 1946

                      WP(CRL.) NO. 1203 OF 2024

              CRIME NO.14/2015 OF VACB, KANNUR, Kannur

        AGAINST THE ORDER/JUDGMENT DATED IN VC NO.14 OF 2015 OF
ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE), THALASSERY

PETITIONER/ACCUSED NO.5:
           MADHUSOODHANAN M.
           AGED 50 YEARS
           S/O. RAMANNAMBIAR M.K., SMARANA, THEATRE ROAD,
           MARYKUNNU P.O.,KOZHIKODE, PIN - 673012

            BY ADVS.
            SABU S.KALLARAMOOLA
            LEEJOY MATHEW.V.
            SINDHU MATHEW
            SIMSAR UL HAQ K.Y
RESPONDENTS/COMPLAINANT:

    1       STATE OF KERALA
            DEPARTMENT OF HOME , SECRATARIATE, THIRUVANANTHAPURAM,
            REP.BY ITS SECRETARY, PIN - 695001
    2       VIGILANCE AND ANTI-CORRUPTION BUREAU
            DIRECTORATE OF VIGILANCE AND ANTI-CORRUPTION BUREAU,
            VIKAS BHAVAN P.O., THIRUVANANTHAPURAM, REP. BY ITS
            DIRECTOR, PIN - 695033
    3       DEPUTY SUPERINTENDENT OF POLICE
            VIGILANCE AND ANTI-CORRUPTION BUREAU, THAVAKKARA,
            KANNUR UNIT, PIN - 670002

            BY ADV.A.RAJESH - SPECIAL PUBLIC PROSECUTOR(VIGILANCE)
               ADV.REKHA S. - SENIOR PUBLIC PROSECUTOR


     THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
08.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(Crl)No.1203 of 2024
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                                                       2024:KER:83255




                        J U D G M E N T

Dated this the 8th day of November, 2024

The prayer sought for in this Writ Petition is to quash

Ext.P1 F.I.R. as against the petitioner. A second prayer is

sought for a direction to the 3rd respondent to submit the

final report within a time frame.

2. When this matter was taken up for consideration,

learned Special Public Prosecutor (Vigilance) would submit

that the investigation is complete and the Investigating

Officer had sought for prosecution sanction. It was also

submitted that the final report can be filed, once the

sanction is issued by the Sanctioning Authority.

3. In the circumstances, this Writ Petition is disposed

of directing the Sanctioning Authority to consider and pass

necessary orders in the application preferred by the

Investigating Officer seeking sanction within a period of

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2024:KER:83255

one month from today (08.11.2024), which direction is given

taking note of the fact that an application for sanction

has been filed as early as on 27.11.2023. The learned

Special Public Prosecutor will communicate the above

direction to the Sanctioning Authority, today itself.

Needless to say that, once the sanction is given, the final

report will be filed immediately. The right of the

petitioner to challenge the final report, in case he is

advised to do so, is also reserved.

The Writ Petition (Criminal) will stand disposed of, as

above.

Sd/-

C. JAYACHANDRAN JUDGE TR

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2024:KER:83255

APPENDIX OF WP(CRL.) 1203/2024

PETITIONER EXHIBITS

Exhibit-P1 TRUE COPY OF FIR IN V.C.NO.14/2015 KNR OF VACB, KANNUR DATED 27-04-2015

Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF ORDER DATED 30/11/2011 OF DIRECTOR OF PANCHAYATH

Exhibit-P3 TRUE COPY OF REPORT DATED 16-10-2020 OF THE 3RD RESPONDENT SUBMITTED BEFORE THE COURT OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, THALASSERY