Kerala High Court
V. Rajeendranath vs State Of Kerala on 11 September, 2024
WP(Crl.) No.919/2024 1/6
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
Wednesday, the 11th day of September 2024 / 20th Bhadra, 1946
WP(CRL.) NO. 919 OF 2024(S)
PETITIONER:
V. RAJEENDRANATH, AGED 65 YEARS, S/O LATE SADASIVAN,
28/309 A1, NATH THONDAYAD, KOTTOOLI, CHEVARAMBALAM,
KOZHIKODE DISTRICT, PIN - 673 017.
RESPONDENTS:
1. STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, PIN - 682 031.
2. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION
BUREAU, WAYANAD UNIT, MEENANGNADI P.O, WAYANAD DISTRICT, PIN - 673
593.
Writ petition (criminal) praying inter alia that in the
circumstances stated in the affidavit filed along with the WP(Crl.) the
High Court be pleased to direct the 2nd respondent to file a report
regarding the stage of the Investigation in V.C No. 01/2015/Wayanad of
the Vigilance and Anti-Corruption Bureau (VACB) Wayanad, pending
disposal of the above Writ Petition (Criminal).
This petition coming again on for admission upon perusing the
petition and the affidavit filed in support of WP(Crl.), this Court's
order dated 30/08/2024 and upon hearing the arguments of M/S. ADITHYA
RAJEEV & S.PARVATHI, Advocates for the petitioner and of PUBLIC
PROSECUTOR for the respondents, the court passed the following:
P.T.O.
WP(Crl.) No.919/2024 2/6
C.JAYACHANDRAN, J.
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W.P.(Crl)No.919 of 2024
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Dated, this the 11th September, 2024
O R D E R
An affidavit is filed by the Investigating Officer
as directed by this Court, wherein it is stated
that the investigation has already been completed
and that applications for sanction for prosecution
as against the public servants, except A1, have
already been made. As against A1, it is sworn to
that, the same will be forwarded to the Government
of India at the earliest.
2. This Court notice that, the investigation in
this case (V.C.No.01/2015/Wayanad) commenced in
the year 2015. Initially, a final report negating
the commission of offences under the Prevention of
Corruption Act was filed, which, however, was not
accepted by the Special Judge, Thalassery. Vide
Ext.P1 order, further investigation was ordered.
Certain observations made in Ext.P1 order were set
..2..
aside by this Court vide Ext.P2 order, however,
sustaining the order directing further
investigation. Alleging inordinate delay in
completing further investigation, the petitioner
approached this Court in W.P.(Crl)No.782/2022. In
that proceeding, the learned Senior Public
Prosecutor made a submission to the effect that a
refer report is being filed, based upon which,
Ext.P4 order was passed, directing the competent
authority to take a decision on such factual
report, expeditiously.
3. Now, the V.A.C.B., through the Investigating
Officer would submit that, a final report
incriminating the accused persons have already
been prepared and they are awaiting the sanction.
This Court notice that the sanction as against A6
has been forwarded through the Director, V.A.C.B.
on 04.09.2024, that is to say, after the filing of
the instant Writ Petition. It is also discernible
..3..
that sanction in respect of accused nos.1 and 2
are also preferred on the same date, that is,
04.09.2024. As already indicated, sanction in
respect of A1 is yet to be submitted.
4. In view of the fact that, there has been
considerable delay on the part of the
Investigating Officer to complete the
investigation, this Court is of the opinion that,
further delay will imperil the interests and
rights of the accused persons, including the
petitioner. In the circumstances, this Court, by
virtue of this interim order, issues the following
directions:
(1) The Investigating officer will file and
forward necessary applications for sanction as
against the 1st accused within a period of 15
days from today (11.09.2024), which direction
will be communicated to the Investigating
..4..
Officer by the learned Senior Public
Prosecutor, today itself.
(2) The Sanctioning Authorities, in respect of
accused nos.2 and 5 (Managing Director, Kerala
State Construction Corporation Limited,
Thiruvananthapuram), accused nos.4 and 7
(Chief Engineer Administration, Public Works
Department, Thiruvananthapuram), and accused
no.6 (the Hon'ble Governor, State of Kerala),
will consider and pass orders in the
application for sanction in accordance with
law, within the statutory period of three
months itself, as enjoined by Section 19 of
the Prevention of Corruption Act.
This Writ Petition (Criminal) will be kept
pending. Post on 12.12.2024.
Sd/-
C. JAYACHANDRAN
JUDGE
TR
11-09-2024 /True Copy/ Assistant Registrar
APPENDIX OF WP(CRL.) 919/2024
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-P4 A TRUE COPY OF THE JUDGMENT DATED 07-10-2022 IN
W.P(CRL) NO. 782 OF 2022 OF THIS HON'BLE COURT.
11-09-2024 /True Copy/ Assistant Registrar
