Jose Prakash.C.R vs State Of Kerala

R. Narayana Pisharadi, J

The petitioner is one of the accused in the case registered as VC 02/2013/TVM by the Vigilance and Anti-Corruption Bureau, Thiruvananthapuram

Unit under Sections 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988.

The aforesaid case was registered on the basis of complaints filed before the Court of the Enquiry Commissioner and Special Judge,

Thiruvananthapuram and which were forwarded by that Court under Section 156(3) Cr.P.C as per Annexure-VIII order.

The operative portion of Annexure-VIII order reads as follows:

“In the result, the report of the Enquiry Officer with respect to respondents 1 to 3 and 5 in Criminal M.P No.91/2007 and second respondent in Criminal

M.P.No.1432/2008 stands rejected. The matter is forwarded to the Director of VACB with a direction to register FIR against respondents 1 to 3 and 5 in Criminal

M.P. No. 91/2007, the second respondent in Criminal M.P. No.1432/2008 and one M.P.Vinod who has been mentioned as suspected officer No.8 in the Vigilance

Enquiry report and to conduct proper investigation and to submit the final report within a period of four months from today. Crl.M.P.No.453/2009 is also

forwarded under Section 156(3) Cr.P.C. If materials are available, the allegations in Crl.M.P No.453/2009 shall also be subjected to investigation and report

shall be filed together with the final report mentioned above.â€​

This petition is filed under Section 482 Cr.P.C for quashing Annexure-VIII order.

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

When the petition came up for hearing today, learned Public Prosecutor submitted that, after conducting investigation in the case, the investigating

officer had filed a refer report in the court below and also that the court below has accepted that refer report as early as on 10.05.2018. The

investigating officer has today filed a statement to the above effect.

In the above circumstances, nothing survives for consideration in this Crl.M.C and this petition has become infructuous.

Consequently, the petition is dismissed as infructuous.