Delay in investigation does not justify quashing; expeditious final report mandated.

ORDER

Dated this the 25^th day of November, 2025 This Crl.M.C. has been filed by the petitioner, who is the 2^nd in Crime No.VC 23/2016 of the Vigilance and Anti-Corruption Bureau, Palakkad and the prayers herein are as under: i. Quash all proceedings against the petitioner/2^nd accused in Crime No.VC 23/2016 registered by Deputy Superintendent of Police, VACB Palakkad and filed before the Hon’ble Court of Enquiry Commissioner and Special Judge (Vigilance)

Thrissur.

ii. Direct the respondents 2 & 3 to submit a report stating whether any material found against the petitioner after the 9 years prolonging investigation.

iii. Issue such directions or orders to secure the ends of justice to the petitioner which this honourable court may deem fit.

2. Heard the learned counsel for the petitioner and the learned Special Public Prosecutor.

3. The learned counsel for the petitioner pointed out the long delay in filing report, after highlighting the innocence of the petitioner.

4. Going through the report of the Investigating Officer, dated 21.11.2025, it has been submitted in paragraph Nos.8, 9 and 10 as under:

“8) It is submitted that, on verification of the 97 application files pertaining to the year 2013-14 which the alleged land seen issued, it is found that no letter was seen issued by the petitioner (Accused No.2) during his tenure from 27.12.2013 to 08.01.2014 for the purpose of registering any land. Upon verification of the DD Issue Registers and the Acquittance Register, it is revealed that none of the procedures required to be performed by the officer authorized to implement the Scheme were carried out during the tenure of the petitioner (A2). In relation to the allegation that non- habitable lands were distributed to the beneficiaries under the Scheme, the records show that the procedures from receiving a beneficiary's application, to inspecting the land proposed to be purchased by the beneficiary, granting permission for its registration, and thereafter issuing the government financial assistance in the form of a Demand Draft (DD)-were required to be carried out by the various Scheduled Caste Development Officers who held charge during the relevant period. It is also the duty of the concerned officer to personally inspect the land and ascertain its habitability before issuing a letter permitting the registration of the land in favour of the beneficiary.

However, the records do not show that the details of officers who examined the proposed lands of the beneficiaries. Consequently, the fact that substandard and non-habitable lands were allotted to the beneficiaries appears to be the result of the collective irregular actions of the accused persons.

9) It is submitted the letters required for registering these alleged 11 lands had been issued by the other accused persons in this case, the involvement of the petitioner (A2), if any, in the allotment of these lands is being examined. Although it is seen that the petitioner did not issue any letter for the registration of the alleged lands during his tenure, irregularities appear to have occurred collectively on the part of the accused persons including the petitioner.

10) It is submitted that investigation in this case has been almost completed and the final report will be submitted before the trial Court as early as possible. Hence it is most humbly submitted that this Criminal Miscellaneous Case is liable to be dismissed in the interest of justice.”

5. On reading the report, it could be gathered that there is some delay in the investigation and that the investigation had been prolonged for a period of 9 years. However, the Investigating Officer submitted that the investigation is almost completed and that the final report would be submitted before the Special Court as early as p