IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. BADHARUDEEN, J
JAYAKRISHNAN C.G – Appellant
Versus
STATE OF KERALA – Respondent
CRL.MC NO. 723 OF 2026 | V.C.21/2015
| Table of Content |
|---|
| 1. petition filed under section 528 for quashing proceedings (Para 1 , 2) |
| 2. court's duty to consider the investigation report (Para 3) |
| 3. disposal of petition with directions to the special judge (Para 4) |
ORDER
Dated this the 29th day of January, 2026 This Criminal Miscellaneous Case has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, seeking the following prayers:
“(i) call for the records relating to VC.
21/2015/TSR on the files of the files of the Enquiry Commissioner & Special Judge (Vigilance), Thrissur and quash all proceedings against the petitioner in VC. 21/2015/TSR, in the interest of justice;
(ii) Grant such other interim reliefs which this Hon'ble Court may deem fit and proper to meet the ends of justice;”
2. Heard the learned counsel for the petitioner and the learned Public Prosecutor, in detail. Perused the relevant materials available.
3. On perusal of Annexure-A2 Final Report, the recommendation of the Investigating Officer is to drop the proceedings. Therefore, now it is in the domain of the Special Court to consider whether if the same is to be accepted or further investigation is to be proceeded.
4. In such view of the matter, the quashment prayer sought for in the Crl.M.C. cannot be considered. However, in the interest of justice, this Crl.M.C can be disposed of by giving direction to the Special Judge in this regard.
Accordingly, this Crl.M.C stands disposed of. There shall be a direction to the Enquiry Commissioner and Special Judge (Vigilance), Thrissur to consider Annexure-A2 Final Report and decide as to whether the same is acceptable or not after hearing all concerned, within a period of two months from the date of receipt of copy of this order and report compliance.
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