IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR THURSDAY, THE 10TH APRIL 2008 / 21ST CHAITHRA 1930 Crl.MC.No. 1284 of 2008 ------------------------- C.C.NO. 30 OF 2002 ON THE FILE OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THIRUVANANTHAPURAM CRIME NO,. 18/1994 OF VIGILANCE HEAD QUARTERS THIRUVANANTHAPURAM. PETITIONER: ACCUSED ------------------- R.RAJENDRAN, AGED 58 YEARS, S/O.RAMAKRISHNA PANICKER, SARAS, T.C.75/142, ANAYARA P.O., THIRUVANANTHAPURAM - 29. DY.CONSERVATOR OF FORESTS (NON-CADRE) (RETD). BY ADV. SRI.B.RAMAN PILLAI RESPONDENTS: COMPLAINANT ------------------------ STATE, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR MR. P.N. SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 10/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No. 1284 of 2008 = = = = = = = = = = = = = = Dated this the 10th April , 2008 ORDER The petitioner who was a Deputy Conservator of Forests, is the accused in C.C.NO.30 of 2002 on th file of the Enquiry Commissioner & Special Judge, Thiruvananthapuram for offences under sections 13(1)(c) & (d) read with Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 468, 471 and 477(A) read with Section 120-B I.P.C. This case arose out of Crime No.18/1994 of the Vigilance Headquarters, Thiruvananthapuram. The prayer of the petitioner is to quash Annexure-A final report and all further proceedings in C.C.No.30 of 2002 pending before the Enquiry Commissioner & Special Judge, Thiruvananthapuram. CRL.M.C.NO.1284/2008 -2- 2. Since the learned Special Judge as per Annexure-H order dated 29-3-2006 dismissed the petitioner's application for discharge holding that there is a prima facie case for framing charge, I am not inclined to quash the final report and the proceedings before the Enquiry Commissioner and Special Judge. But then, the petitioner's grievance is that the court below has not even framed the charge despite the fact that this case is a crime of 1994 and the cognizance itself was taken as early as in 2002. The petitioner would further submit that cases one after the other were registered against him by certain vested interests only to see that his promotion to the cadre of I.F.S. Is delayed and denied. He has already retired at the age of 55 and he has two more years to go if he can aspire for the I.F.S. cadre. According to the petitioner, he became eligible for the I.F.S.cadre in the year 1994 when false cases one after the other were filed against him only to see that his promotional avenues are marred. 3. Under these circumstances, I am inclined to accede to the request of the petitioner to have C.C.NO.30 of 2002 disposed of CRL.M.C.NO.1284/2008 -3- expeditiously. Accordingly, the Enquiry Commissioner and Special Judge, Thiruvananthapuram is directed to frame the charge in the above case and proceed for trial of the case expeditiously. The trial of the case shall be completed on or before 29-10-2008 . This Crl.M.C.is disposed of accordingly. V. RAMKUMAR, JUDGE ks.