A.Komu vs Central Bureau Of Investigaton on 21 August, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Crl.MC.No. 2707 of 2008()


1. A.KOMU,S/O.LATE BEERANKUTTY,AGED 58 YEAR
                      ...  Petitioner
2. T.R.NAIR, S/O. K.THANKAPPAN NAIR

                        Vs



1. CENTRAL BUREAU OF INVESTIGATON,
                       ...       Respondent

                For Petitioner  :SRI.C.S.MANU

                For Respondent  :SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I.

The Hon'ble MR. Justice R.BASANT

 Dated :21/08/2008

 O R D E R
                          R. BASANT, J.
            -------------------------------------------------
                  Crl.M.C. No.2707 of 2008
            -------------------------------------------------
         Dated this the 21st day of August, 2008

                               ORDER

This petition is to quash an F.I.R. registered alleging

offences punishable under Secs.120B and 420 IPC and Sec.13

of the P.C. Act. Altogether, there are six accused persons.

The petitioners are accused 1 and 2. A crime has been

registered. Investigation is in progress.

2. The learned counsel for the petitioners submits that

the proceedings have been initiated vexatiously against the

petitioners with the only intention of spoiling the chances of

their promotion. The learned counsel submits that there is no

substance in the allegation of conspiracy. Detailed arguments

have been advanced.

3. After hearing the learned counsel for the petitioners,

this Court felt that though it is not necessary to interfere with

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the investigation which is in progress now, the interests of the

petitioners – their prospects in promotion, should not be

permitted to be affected by the pendency of this investigation.

4. To a suggestion put to the learned Standing Counsel for

the C.B.I., the learned Standing Counsel submits that it can be

directed that the pendency of this investigation by itself shall not

affect the prospects of promotion of the petitioners in service. I

am satisfied that this Crl.M.C. can be closed.

5. In the result, this Crl.M.C. is dismissed; but with the

specific direction that the pendency of the investigation in

R.C.No.13(A) of 2008 of the C.B.I., Kochi, against the

petitioners/accused 1 and 2 by itself shall not in any way affect

the prospects of the petitioners’ promotion in any manner. The

dismissal of this Crl.M.C. will not also affect the rights of the

petitioners to seek appropriate relief later from this Court if a

final report is filed against them.

Sd/-

                                        (R. BASANT, JUDGE)


Nan/

           //true copy//          P.S. to Judge

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