IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 15328 of 2008(Y)
1. E.J. JAYARAJ, IPS,
... Petitioner
Vs
1. S. RADHAKRISHNAN NAIR,
... Respondent
2. THE STATE OF KERALA
3. THE DIRECTOR,
For Petitioner :SRI.S.RADHAKRISHNAN
For Respondent :GOVERNMENT PLEADER
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :05/10/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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W.P.C.NO.15328 OF 2008
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Dated 5th October 2009
JUDGMENT
This petition is filed under Article 226 of
Constitution of India to declare that Ex.P1 order
passed by Special Judge, Vigilance, Thiruvananthapuram
in Crl.M.P.1203/2007, directing the Director of VACB
to conduct a vigilance enquiry on the allegations
raised in the complaint filed by the first respondent
complainant before the Special Judge and register a
case and if, no materials are collected warranting
investigation to file a report before the court, is
patently illegal and therefore, to quash Ext.P1 order.
2. Learned Government Pleader submitted
that pursuant to Ext.P1 order a vigilance enquiry
was conducted and a report was filed before the court
that enquiry reveals no matter warranting
registration or investigation of an offence.
3. Learned counsel appearing for the
petitioner submitted that thereafter first respondent
WPC 15328/08
2
filed a protest complaint, when the said report was
accepted by the learned Special Judge and as per
order dated 6/9/2009 (in Crl.M.P.410/2009) said
protest complaint was also dismissed. In such
circumstances, there is no necessity to grant any
relief in the petition.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.