Kerala High Court
Bishwanath Sinha vs State Of Kerala on 8 October, 2020
Author: V.G.Arun
Bench: V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
THURSDAY, THE 08TH DAY OF OCTOBER 2020 / 16TH ASWINA,
1942
OP(Crl.).No.294 OF 2020
VC 2/12/CRE OF COURT OF ENQUIRY COMMISSIONER & SPECIAL
JUDGE, EKM AT MUVATTUPUZHA
CRIME NO.10/2018 OF VACB, ERNAKULAM , Ernakulam
PETITIONER/S:
BISHWANATH SINHA
AGED 52 YEARS
S/O.LATE PRABHU DEV NARAYAN SINHA, RESIDING AT
GOVERNMENT QUARTER NO.1, JAWAHAR NAGAR,
THIRUVANANTHAPURAM-695 004.
BY ADVS.
SRI.S.SREEKUMAR (SR.)
SRI.DEEPU LAL MOHAN
RESPONDENT/S:
STATE OF KERALA
REP.BY THE PUBLIC PROSECUTOR, HIGH COURT OF
KERALA, ERNAKULAM, (VC2/2012/CRE, VIGILANCE
AND ANTI-CORRUPTION BUREAU, CENTRAL RANGE,
ERNAKULAM).
OTHER PRESENT:
SR.PP.AMJAD ALI
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON
08.10.2020, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
O.P.(Crl) 294 of 2020
-2-
JUDGMENT
Dated this the 08th day of October, 2020 Petitioner is the first accused in VC 02/12/CRE registered by the Vigilance and Anti- Corruption Bureau, Central Range, Ernakulam, for offences punishable under Section 13(1)(d) r/w 13(2) of the Prevention of Corruption Act and Section 120B of IPC. The prayer in this original petition is for a direction to the Enquiry Commissioner and Special Judge to take a decision on Ext.P2 final report within a time frame.
2. In the report called for by this Court, the learned Special Judge has stated that earlier also a final report was filed by the investigating officer dropping further action. That report was not accepted and further investigation was directed to be conducted. On O.P.(Crl) 294 of 2020 -3- submission of the final report after further investigation, notice was issued to the de facto complainant. In spite of service of notice, the de facto complainant did not appear. Notice was again sent to the de facto complainant by regular mode and through registered post, requiring him to appear on 04.11.2020. It is stated that the de facto complainant in this case is one Sri.K.V.Suresh Babu, who was Additional Registrar of Co-operative Societies, Thiruvananthapuram and that, it is highly necessary to hear the de facto complainant before taking a decision on the final report. From the report, it is evident that the de facto complainant is served with notice and was granted opportunity to raise his objection, if any, to the refer report. Even though the de facto complainant is entitled to be heard before accepting the refer report, the court is not O.P.(Crl) 294 of 2020 -4- expected to wait indefinitely for his objection.
The original petition is hence disposed of directing the Enquiry Commissioner and Special Judge, Muvattupuzha to pass orders in VC 02/12/CRE, based on the final report filed by the investigating officer, as expeditiously as possible and at any rate within two months from the date of receipt of this judgment.
Sd/-
V.G.ARUN JUDGE Scl/08.10.2020 O.P.(Crl) 294 of 2020 -5- APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE CERTIFIED COPY OF FIRST INFORMATION REPORT DATED 08.05.2012 SUBMITTED BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI- CORRUPTION BUREAU, CENTRAL RANGE, ERNAKULAM IN VC2/2012/CRE.
EXHIBIT P2 THE CERTIFIED COPY OF FINAL REPORT NO.10/2018 DATED 14.09.2018 SUBMITTED BEFORE THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, MUVATTUPUZHA.
EXHIBIT P3 THE CERTIFIED COPY OF 'B' DIARY OF THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE IN VC 02/12/CRE.