Vijitha V.V vs State Of Kerala

R. Narayana Pisharadi, J

The reliefs sought in this application filed under Section 482 Cr.P.C are the following:

"a) Direct respondents Nos.1 and 2 to proceed with the Final Report and investigation in Crime No.VC3/14/SIU-II dated 27.12.2014 by the original Special Investigation Unit and the Field Survey Team headed by R.D.Ajith, Deputy Superintendent of Police, S.A.Rabiyath, Inspector of Police, Vigilance and Anti-corruption Bureau, Special Investigation Unit-II, Thiruvanadapuram and R.V.Suresh, Taluk Surveyor, Neyyattinkara, Thiruvanandapuram Dist.

b) Direct respondents to submit final report in the above Crime No.VC3/14/SIU-II dated 27.12.2014, within a reasonable time.

c) to allow such other orders or direction as this Honourable Court may deem fit and proper in the circumstances of this case."

Heard the learned counsel for the petitioner and the learned Public Prosecutor and also the learned counsel for the additional fourth respondent.

The petitioner is a total stranger to the case which has been registered as per Annexure A4 FIR and which is referred to in prayer (a) mentioned above. Learned counsel for the petitioner could not point out any connection whatsoever which the petitioner has got with the aforesaid case. A total stranger to a case which is registered by the police cannot insist that the investigation of the case shall be conducted by some particular officers of his choice.

Moreover, the order dated 22.02.2018 passed by this Court in Crl.M.C.No.4631/2015 shows that this Court had issued direction to the Superintendent of Police, Vigilance and Anti-corruption Bureau (VACB), Special Unit-II, Thiruvananthapuram to conduct the investigation of the above case expeditiously. Learned Public Prosecutor has submitted that, as per the order of this Court, the investigation of the case is now being conducted by the Superintendent of Police, VACB, SIU-II, Thiruvananthapuram.

In the aforesaid circumstances, the prayer (a) made by the petitioner in this application cannot be allowed.

The other prayer made by the petitioner is to direct the investigating officer to file final report in the case within a reasonable time.

The case (Annexure-A4 FIR) is one registered under Sections 13(1)(c) and 13(1)(d) read with 13(2) of the Prevention of Corruption Act, 1988 against public servants and some other persons. True, this case was registered in the year 2014. The case relates to illegal excavation of granite stones and quarrying operations conducted in the Government land with the connivance of public servants. The report filed by the investigating officer shows that the investigation relates to quarrying operations conducted in respect of 52.3136 hectares of Government land, causing a loss of Rs.291,59,69,565/- to the Government. Large number of old documents have to be collected or seized and verified during the investigation. Large number of witnesses have to be questioned. In such circumstances, it is not expedient to direct the investigating officer to complete the investigation of the case within a time frame to be fixed by this Court. However, a direction can be given that the investigation of the case shall be completed and final report shall be filed as expeditiously as possible.

Consequently, the investigating officer is directed to complete the investigation of the case and file final report in the competent court as expeditiously as possible. The Crl.M.C is disposed of as above.