IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 2113 of 2009()
1. V.V.JOSEPH, S/O.VERKEY, AGED 70 YEARS
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
For Petitioner :SRI.BINU PAUL (NETTOOR)
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :06/08/2009
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.NO. 2113 OF 2009
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Dated 6th August 2009
O R D E R
Petitioner is fifth accused in C.C.47/2002
on the file of Special Judge, Vigilance, Kozhikode.
Petitioner is facing trial along with ten others for
the offences under Section 13(1)(d) read with Section
13(2) of Prevention of Corruption Act and Sections
409, 167, 120 B of Indian Penal Code. This petition
is filed under Section 482 of Code of Criminal
Procedure to quash the proceedings as against
petitioner contending that the vigilance case is
based on a wrong assumption that 74 acres of land in
R.S.1130 of Thondarnadu village was a vested forest
as Annexure-A4 establishes the exact legal position
and that question could be determined only after
survey and in Crl.M.C.6636/2002 this court has
quashed the case pending before C.C.124/2001
registered for the offence under Section 27(1)(c)(iii)
of Kerala Forest Act and in such circumstances,
continuation of the proceedings is only an abuse of
CRMC 2113/09
2
process of court.
2. Learned counsel appearing for petitioner
and learned Public Prosecutor were heard.
3. Learned Public Prosecutor submitted
that evidence of the prosecution has already been
completed and case now stands for questioning the
accused under Section 313 of Code of Criminal
Procedure. This fact is admitted by the learned
counsel appearing for petitioner also. In such
circumstances, it is not for this court to exercise the
extra ordinary inherent powers under Section 482 of
Code of Criminal Procedure at this stage. Petitioner
is entitled to raise all the contentions raised herein,
before the Special Judge, Vigilance, Kozhikode.
Petition is dismissed.
M.SASIDHARAN NAMBIAR,
JUDGE.
uj.