IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR MONDAY, THE 27TH JULY 2009 / 5TH SRAVANA 1931 WP(C).No. 15376 of 2009(Q) ------------------------------------ PETITIONER(S): --------------------- THANKAYYAN NADAR, SON OF KRISHNAN NADAR, DIKKONAM,KUNNINPURATHU VEEDU,PERUNKATTAVILA, NEYYATTINKARA,THIRUVANANTHAPURAM. BY ADV. SRI.JOHNSON GOMEZ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF TAXES,SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME RECORDS BUREAU,(RURAL), POOVALLOORKONAM,THIRUVANANTHAPURAM. 3. SUNDARESAN NADAR,S/O.REGHAVAN NADAR, KADAKAPPALLY HOUSE,POOVANATHUMMOODU, KOTTUKUNNU MURI,NALLANADU VILLAGE. 4. SANTHOSH KUMAR,MARATHUVILA VEEDU, VAMANAPURAM,THIRUVANANTHAPURAM. 5. SANKARA PILLAI,S/O.NARAYANA PILLAI, CHEMPUMPANA VEEDU,VETTINAD, VATTAPPARA,THIRUVANANTHAPURAM. 6. JALALUDEEN,TDB 463,OFFICE OF THE DOCUMENT WRITER,KANYAKULANGARA. 7. KANAKALATHA,D/O.KRISHNAMMA, LATHA BHAVAN,NEAR MULLAMARI AMMANKOVIL, NEDUMANGADU VILLAGE,THIRUVANANTHAPURAM. GOVT. PLEADER SRI. B. VINOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: M.Sasidharan Nambiar, J. -------------------------- W.P.(C)No.15376 of 2009 Q -------------------------- JUDGMENT This petition is field under Article 226 of Constitution of India by the defacto complainant in Crime No.64/2004 of Vattappara Police Station, registered for offences under Sections 417, 420, 468, 471 and 474 read with Section 34 of Indian Penal Code. For prosecution of seventh respondent/fifth accused sanction under section 197 of Code of Criminal Procedure is necessary. Petitioner had earlier filed W.P.(C)No.33807/2008 for a direction to consider the report submitted by the second respondent for granting sanction to prosecute fifth accused. Under Exhibit P3 judgment dated 20.3.2009, this Court directed first respondent to consider and dispose the matter before 30.4.2009. Exhibit P4 order was passed on 27.4.2009, declining to grant sanction. This petition is filed to quash Exhibit P4 order and also for a writ of mandamus to direct second respondent to complete the investigation and submit the final report and also for WPC 15376/09 2 a direction to the Magistrate to expedite the trial. 2. Learned counsel appearing for the petitioner submitted that relief of quashing of Exhibit P4 order is not pressed and a direction be issued to the second respondent to submit the final report as against accused 1 to 4 and the Magistrate may also be directed to dispose the case expeditiously, as the case is pending from 2004 onwards. 3. Learned Government Pleader submitted that investigation of the case is already completed and there is no impediment for submitting a final report under Section 173(2) of Code of Criminal Procedure as against the remaining accused and final report will be submitted without further delay. 4. In view of the submission, it is not necessary to give any direction as sought for. Submission of the learned Public Prosecutor is recorded. Magistrate may dispose the case without delay. Petition is disposed. 27th July, 2009 (M.Sasidharan Nambiar, Judge) tkv