High Court Kerala High Court

The Inspector Of Police vs K.K.Joseph on 5 January, 2007

Kerala High Court
The Inspector Of Police vs K.K.Joseph on 5 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA No. 37 of 2007()


1. THE INSPECTOR OF POLICE,
                      ...  Petitioner
2. THE SUPERINTENDENT OF POLICE,

                        Vs



1. K.K.JOSEPH, S/O.KURIAN,
                       ...       Respondent

                For Petitioner  :SRI.S.SREEKUMAR, SC FOR CBI

                For Respondent  : No Appearance

The Hon'ble the Chief Justice MR.V.K.BALI
The Hon'ble MR. Justice M.RAMACHANDRAN

 Dated :05/01/2007

 O R D E R
               V.K.Bali,C.J. & M.Ramachandran,J.

               -------------------------------------------

                           W.A.No.37 of 2007

                 -------------------------------------------

              Dated, this the 5th day of January, 2007


                                JUDGMENT

V.K.Bali,C.J. (Oral)

The challenge in the present Writ Appeal is to the

order dated 4.1.2007 passed by the learned Single Judge in W.P.

(C).No.618 of 2007. The short order passed by the learned Single

Judge reads thus:

“Petitioner has got a job in United Nation and by

delaying the matter he will lose his job. There will be

a interim direction to CBI to complete the questioning

of petitioner by the end of this week. Petitioner will

produce copy of this order and appear before CBI for

completing his questioning. Release of petitioner’s

passport will be considered subject to the terms. CBI

will furnish instruction on 8.1.07. Post on Monday”.

2. It is quite clearly made out from the petition and in

particular Exhibit P4 that the petitioner in the original lis has got

an appointment in United Nation as Inspector (Chemical

W.A.No.37 of 2007 – 2 –

Production Technologist) within the Inspectorate Division of the

Organisation for the Prohibition of Chemical Weapons. The

appointment is effective from 5th January, 2007. While the

petitioner was to join his duties in the new assignment offered to

him, which he has already accepted, the C.B.I. would like to

question him with regard to a F.I.R., Annexure-I produced along

with the Writ Appeal. The said F.I.R. is registered against the

petitioner under Sections 120B and 420 of Indian Penal Code and

Section 13(2) read with Section 13(1)(d) of Prevention of

Corruption Act, 1988. The allegations as made out in the F.I.R.

are of irregular procedure by the petitioner and others in the

matter of acceptance of a tender. The F.I.R. was registered

against the petitioner on 20.11.2006 pertaining to an incident on

4.2.2005. The F.I.R. with regard to the irregularities committed

by the petitioner was, thus, registered after the lapse of an year

and half. In the facts of the case as mentioned above, the

learned Single Judge seems to have passed a just and equitable

order. That apart, the C.B.I. is investigating the case and if

further questioning of the petitioner may be required or, in other

words, if the time granted by the learned Single Judge to the

W.A.No.37 of 2007 – 3 –

C.B.I. to question the petitioner is not enough or sufficient, there

is no embargo on the power of the C.B.I. to go to the witness at

the place of present posting for questioning there. No merits.

Dismissed.








                                                            V.K.Bali

                                                          Chief Justice







                                                      M.Ramachandran

vku/-                                                         Judge