Kerala High Court
A.S.Santhoshkumar vs Central Bureau Of Investigation on 11 September, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
Crl.M.C. No.1507 of 2018
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 11TH DAY OF SEPTEMBER 2024 / 20TH BHADRA, 1946
CRL.MC NO. 1507 OF 2018
AGAINST THE ORDER/JUDGMENT DATED IN CP NO.1 OF 2015
OF CHIEF JUDICIAL MAGISTRATE, ERNAKULAM ARISING OUT
OF THE ORDER/JUDGMENT DATED IN SC NO.1357 OF 2013 OF
SPE/CBI COURT, THIRUVANANTHAPURAM
PETITIONER/APPROVER:
A.S.SANTHOSHKUMAR
AGED 46 YEARS, S/O. ANANTHAN, KAYALORAM
APARTMENT,THEVARA FERRY, THEVARA,
KOCHI - 682 013.
BY ADV. SRI. RAJESH KUMAR T.K
RESPONDENTS/COMPLAINANTS:
1 CENTRAL BUREAU OF INVESTIGATION
THIRUVANANTHAPURAM - 695 001
2 ABDUL RASHEED
S/O. M. NOOHU KANNU, SHALIMAR HOUSE, RAJEEV
NAGAR, PALLITHOTTAM P.O, KOLLAM - 06.
3 M. SANTHOSH NAIR
S/O. PGM NAIR, SREEPADMAM, MANAYILKULANGARA,
NEAR VELLAYITTAMPALAM, KOLLAM.
Crl.M.C. No.1507 of 2018
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BY ADVS.
SHRI.P.VIJAYAKUMAR, ASG OF INDIA
ASSISTANT SOLICITOR GENERAL
SRI.K.K.DHEERENDRAKRISHNAN
SRI.D.FEROZE
SRI.S.RAJEEV - R2
SRI.V.VINAY
SC, CBI - R1
THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY
HEARD ON 11.09.2024, THE COURT ON THE SAME DAY PASSED
THE FOLLOWING:
Crl.M.C. No.1507 of 2018
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P.V.KUNHIKRISHNAN, J.
--------------------------------
Crl.M.C. No.1507 of 2018
----------------------------------------------
Dated this the 11th day of September, 2024
ORDER
This Criminal Miscellaneous Case is filed with the
following prayers:
"To quash Annexure-A11 Common Order dated
08.02.2018 in Crl. M.P. No.143/2017 and Crl.M.P.
No.14/2018 in SC No.1357/2013 on the files of the
Special Court (CBI/SPE), Thiruvananthapuram, in the
interest of justice."
2. Annexure-A11 is a common order passed by
the Special Judge (CBI/SPE), Thiruvananthapuram in
Crl.M.P. No.143/2017 and Crl.M.P. No.14/2018. These
respectively for getting copy of the hard disc produced
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by the Investigating Officer before the court as M.O.
33 and M.O. 34. After submitting the final report, a
further investigation was conducted by the Central
Bureau of Investigation and thereafter, on conclusion
of it, a supplementary final report was submitted and
which was accepted. On perusal of supplementary
final report, it was learned that telephonic
conversation of approver A.S. Santhosh Kumar, who is
the petitioner herein, has been produced before the
court as M.O.33 and M.O.34. But the copies of the
same was not furnished to respondent Nos. 2 and 3
and hence the present petitions were filed by accused
Nos. 5 and 4 respectively. The learned Sessions
Judge, after hearing both sides, allowed the petitions
in part and the accused Nos.4 and 5 were permitted
to peruse/hear the conversation in the hard disc
namely MO 33 and MO 34 produced by the
Investigating Officer from the office room of the court
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in the presence of Sheristadar or the person
nominated by him on his behalf. The reading/perusing
of the hard disc is permitted only in the presence of
the learned Public Prosecutor as per the order. That
order is challenged by the petitioner herein, who is the
approver in SC No.1357/2013.
3. This Criminal Miscellaneous Case is pending
before this Court from 2013 onwards. When this
Crl.MC came up for consideration, this Court directed
the Registry to get a report from the trial court about
the present stage of the case. The learned Sessions
Judge submitted a report. The same is extracted
hereunder:
"In obedience to the reference above, I may most
respectfully submit that, Abdul Rasheed who had
been implicated as accused no.5 in SC 1357/2013
on the file of this court (2nd respondent in Crl. MC
1507/2018 on the file of Hon'ble the High Court) was
discharged u/s 227 Cr.PC vide order in CMP.56/2018
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dated 24.09.2019 of this court. Case against M.
Santhosh Nair (3rd respondent in Crl. MC 1507/2018
on the file of Hon'ble the High Court) is still pending
and he is the 4th accused in SC.1357/2013 on the
file of this Court.
There is no evidence on records on the file of this
Court that the order mentioned in Annexure - A11 in
Crl.MC 1507/2018 was complied.
The report is submitted for gracious consideration."
4. From the above, it is clear that the 2 nd
respondent in this case is already discharged under
Section 227 Cr.PC. The case against the 4 th accused,
who is the 3rd respondent herein, is pending as SC No.
1357/2013. At this distance of time, I am of the
considered opinion that, the impugned order need not
be interfered by this Court. Moreover, the interim
order passed by this Court was not extended after
2019. Therefore, the accused might have heard the
contents in the hard disc as ordered by the trial court
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in Annexure-A11 order. In such circumstances, this
Crl.MC need not be retained here. Hence, the Crl.MC
can be closed.
Therefore, this Criminal Miscellaneous Case is
closed.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
nvj
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PETITIONER ANNEXURES
ANNEXURE A1 TRUE COPY OF THE JUDGMENT DATED
6.7.2017 IN S.C NO.244/2016 ON THE
FILES OF THE LEARNED SPECIAL COURT
(SPE/CBI), THIRUVANANTHAPURAM.
ANNEXURE A2 TRUE COPY OF THE JUDGMENT DATED
27.6.2017 IN CRL.M.C NO.1554/2016.
ANNEXURE A3 TRUE COPY OF THE NEWS PAPER REPORT
PUBLISHED IN FLASH EVENING DAILY
HAVING CIRCULATION AT KOLLAM ON
9.11.2010.
ANNEXURE A4 TRUE COPY OF THE NEWS PAPER REPORT
PUBLISHED IN MALAYALA MANORAMA DAILY
DATED 23.8.2012.
ANNEXURE A5 TRUE COPY OF THE NEWS PAPER REPORT
PUBLISHED IN MALAYALA MANORAMA DAILY
DATED 26.7.2012.
ANNEXURE A6 TRUE COPY OF THE NEWS PAPER REPORT
PUBLISHED IN MALAYALA MANORAMA DAILY
DATED 10.9.2012.
ANNEXURE A7 TRUE COPY OF THE NEWS PAPER REPORT
PUBLISHED IN MALAYALA MANORAMA DAILY
DATED 11.9.2012.
ANNEXURE A8 TRUE COPY OF THE NEWS PAPER REPORT
PUBLISHED IN EVENING NEWS PAPER
NAMELY FLASH DATED 11.9.2012.
ANNEXURE A9 TRUE COPY OF THE JUDGMENT DATED
19.9.2012 IN W.P(C) NO.21584/2012.
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ANNEXURE A10 TRUE COPY OF THE CRL.M.P NO.25/2018
IN S.C NO.1357/2013 ON THE FILES OF
THE SPECIAL COURT (SPE/CBI),
THIRUVANANTHAPURAM.
ANNEXURE A11 TRUE COPY OF THE COMMON ORDER DATED
8.2.2018 IN CRL M.P NO.143/2018 AND
CRL. M.P NO.14/2018 IN S.C NO.
1357/2013 ON THE FILES OF THE
SPECIAL COURT(CBI/SPE),
THIRUVANANTHAPURAM.
ANNEXURE A12 TRUE COPY OF THE CRL. M.A
NO.1769/2018 IN CRL. M.C
NO.1554/2016.
ANNEXURE A13 TRUE COPY OF THE ORDER DATED
22.2.2018 IN CRL. M.A NO. 1769/2018
IN CRL M.C NO.1554/2016.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
