P. Ahammed Kutty vs The Sub Inspector Of Police on 4 October, 2018

[Cites 3, Cited by 1]

Kerala High Court

P. Ahammed Kutty vs The Sub Inspector Of Police on 4 October, 2018

Bench: B.Sudheendra Kumar

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR

 THURSDAY,THE 04TH DAY OF OCTOBER 2018 / 12TH ASWINA, 1940

                     Crl.MC.No. 6553 of 2018

 AGAINST THE ORDER/JUDGMENT IN CC 27/2015 of ENQUIRY COMR.&
                    SPL.JUDGE,KOZHIKODE

      CRIME NO. 3/2012 OF VACB, KOZHIKODE , Kozhikode

PETITIONER/S:

              P. AHAMMED KUTTY
              AGED 67 YEARS
              S/O MAMMED KUTTY,
              RAHEEMA MANZIL,
              CHEMRAKATTOOR P.O,
              AREAKODE, MALAPPURAM

              BY ADVS.
              SRI.T.G.RAJENDRAN
              SRI.T.R.TARIN

RESPONDENT/S:
      1     THE SUB INSPECTOR OF POLICE
            MUKKOM POLICE STATION , KOZHIKODE-673604

      2       THE DEPUTY SUPERINTENDENT OF POLICE,
              VIGILANCE AND ANTI-CORRUPTION BUREAU, KOZHIKODE
              UNIT, KOZHIKODE-673604.

      3       THE STATE OF KERALA,
              REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH
              COURT OF KERALA,ERNAKULAM-682031.

      4       A.J. MATHEW, S/O.JOSEPH,
              AGED 72 YEARS, KOORAPILLIL HOUSE, KUMARANELLUR
              VILLAGE, KOOMPARA.P.O., KOZHIKODE DISTRICT-
              673604.

OTHER PRESENT:
            R2 BY SRI. A RAJESH-SPL.GP VACB

THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON
04.10.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
 Crl.MC.No. 6553 of 2018



                               -2-




                             ORDER

The petitioner in this Crl.M.C., who is the 4 th accused, challenges Annexure - IV Final Report and further proceedings against the petitioner in C.C.No.27 of 2015 on the files of the Enquiry Commissioner and Special Judge, Kozhikode. The offence alleged is the offence under Section 13(1)(d) read with Section 13(2) of the Prevention of Corruption Act and Section 167 read with Section 120(B) IPC. The final report includes 40 documents and statement of witnesses, which are readily available before the court below. In the said circumstances, it is only appropriate for the petitioner to approach the court below with an application under Section 239 Cr.P.C. Crl.MC.No. 6553 of 2018 -3- praying for discharge. If the petitioner files any such application before the court below, the court below shall consider all the contentions of the petitioner in accordance with law. Needless to state that the petitioner shall be at liberty to raise all the contentions which have been taken by the petitioner in this Crl.M.C. before the court below.

This Crl.M.C. stands disposed of as above. Dated this the 4th day of October 2018.

sd B. SUDHEENDRA KUMAR, JUDGE.

dl/ // True copy // PA to Judge Crl.MC.No. 6553 of 2018 -4- APPENDIX PETITIONER'S/S EXHIBITS:

ANNEXURE I COPY OF THE FINAL REPORT FILED BY THE POLICE IN C.C.NO.154/2009.

ANNEXURE II COPY OF THE ORDER IN C.M.P.684/11 IN C.C.NO.154//2009 OF JUDICIAL FIRST CLASS MAGISTRATE COURT, II, THAMARASSERY.

ANNEXURE III COPY OF THE FIRST INFORMATION REPORT IN VACB CRIME NO.3/2012.

ANNEXURE IV COPY OF THE FINAL REPORT IN C.C.NO.27/2015.

RESPONDENTS EXHIBITS : NIL // True copy // PA to Judge

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