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1989 Supreme(Ker) 278

SREEDHARAN
Oommen Koshy – Appellant
Versus
State of Kerala – Respondent


Judgment :-

1. Petitioner entered service in the police department as Sub Inspector in 1962. He was promoted as Circle Inspector in 1970. In 1976 he became Deputy Superintendent of Police. He was awarded senior grade in the cadre of Deputy Superintendent of Police in 1987. Against him a First Information Report was filed before the Chief Judicial Magistrate's Court Ernakulam, a copy of which is marked as Annexure-D. The F.I.R. dated 22-4-1983 makes mention of offence u/s.420 IPC and S.12(1)(b) of the Indian Passport Act, 1967, hereinafter referred to as 'the Act'. The case is being investigated by the Crime Branch C.I.D., Trivandrum as crime 216/CR/83. Even-after the lapse of more than six years, no final report has been filed before court. On account of the long pendency of this proceeding, petitioner alleges that his future prospects in service are doomed. He, therefore, prays for quashing the complaint on various grounds.

2. Learned Public Prosecutor seriously opposes this application. He made available to court the entire case diary relating to the case registered against the petitioner. The Superintendent of Police, Crime Branch C.I.D., Head Quarters, Trivandrum, has filed a co























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