Sri.Saji V John vs The Deputy Superintendent Of Police
2024 Latest Caselaw 33622 Ker

Kerala High Court

Sri.Saji V John vs The Deputy Superintendent Of Police on 21 November, 2024

                                              2024:KER:87299

         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                          PRESENT
        THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

  THURSDAY, THE 21ST DAY OF NOVEMBER 2024/30TH KARTHIKA,
                           1946

                 CRL.REV.PET NO.682 OF 2021

      AGAINST THE ORDER DATED 13.09.2021 IN CMP 150/2021
IN CC NO.70 OF 2016 OF ENQUIRY COMMISSIONER & SPECIAL
JUDGE, KOZHIKODE.
REVISION PETITIONER/PETITIONER:

         SRI.SAJI V.JOHN, AGED 53 YEARS, S/O.JOHN,
         VETTUVAZHIYIL HOUSE, ANGADIPURAM P.O,
         MALAPPURAM-679321, FORMER TEACHER,
         FATHIMA U.P SCHOOL, PARIYAPURAM.


         BY ADVS.
         NIRMAL.S
         VEENA HARI



RESPONDENTS/RESPONDENTS & STATE:

         THE DEPUTY SUPERINTENDENT OF POLICE
         VIGILANCE AND ANTI CORRUPTION BUREAU,
         MALAPPURAM, REPRESENTED BY PUBLIC PROSECUTOR,
         HIGH COURT OF KERALA, ERNAKULAM-682031.

         BY ADVS.
         A.RAJESH, SPECIAL PUBLIC PROSECUTOR (VIGILANCE)
         REKHA.S, SENIOR PUBLIC PROSECUTOR


     THIS CRIMINAL REVISION PETITION HAVING BEEN FINALLY
HEARD ON 21.11.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
 Crl.R.P.No.682 of 2021

                                   - 2 -

                                                              2024:KER:87299




                              JUDGMENT

Dated, this the 21st day of November, 2024

The petitioner herein is the second accused in

C.C.Nos.70/2016 and 71/2016 of the Special Court, Kozhikode.

He seeks to set aside the Order dated 13.09.2021 of the

Special Court, Kozhikode, which dismissed a discharge

petition filed under Section 239 Cr.P.C.

2. When this matter was taken up for consideration,

learned counsel for the petitioner would submit that the

petitioner intends to file a Crl.M.C before this Court

seeking quashment of the Final Report itself, for which

reason, the instant Crl.R.P is not pressed. Learned counsel

would seek the liberty to be reserved to prefer the Crl.M.C.

3. In the circumstances, this Crl.R.P will stand dismissed

as withdrawn, reserving the petitioner's liberty to file a

fresh Crl.M.C, as per law. This Court also notice that there

is an interim order staying trial in C.C.Nos.70/2016 and

- 3 -

2024:KER:87299

71/2016 before the Special Court, Kozhikode. In order to

enable the petitioner to file a Criminal Miscellaneous Case,

there will be a further direction to keep C.C.Nos.70/2016

and 71/2016 in abeyance for a period of three more weeks

from today (21.11.2024).

Sd/-

C.JAYACHANDRAN, JUDGE

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