IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT TUESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 1476 of 2009(A) ------------------------- CC.130/2008 of ENQUIRY COMMR.& SPL.JUDGE,THRISSUR .................... PETITIONERS: --------------- 1. M.ABDUL JABBAR, S/O.MOHAMMED RAWTHER, 71 YEARS OF AGE RNAMATH HOUSE SATHRAVATTARAM, PUDUNAGARAM PALAKKAD DIST. 2. K.M. MOHAMMED THAMEEM, S/O. ABDUL KHADER, AGED 56 YEARS, THALK VEEDUM THEKKALTH BHAVA STREET, PUDUNAGARAM, PALAKKAD DIST. 3. A.S.SAHALABDEEN, S/O. ASSAN MUTHU RAWTHER, 47 YEARS OF AGE, CRESCENT COTTAGE, THEKKATHU VATTARAM PUDUNAGARAM PALAKKAD DIST. 4. M. MAHADOON, S/O. MOIDEEN RAWTHER 55 YEARS OF AGE, THEKKATHU VATTARAM, PUDUNAGARAM PALAKKAD DIST. 5. K.M. UBAIDULLA, AGED 52 YEARS, KANAYANNA VEEDU, ISWARYA COLONY PUDUNAGARAM, PALAKKAD DIST. 6. K.A. MOHAMMED THAMEEM S/O. ABDUL AZEEZ, 63 YEARS, OF AGE KATTAYAN HOUSE, KATTAYAM STREET, PUDUNAGARA, PALAKKAD DIST. 7. K.S. MOHAMMADALI, S/O. SHAIK PAREED, 48 YEARS OF AGE DILSHAD MANZIL, PUDUNAGARAM PALAKKAD DIST. 8. N. MOIDEEN ABDUL KHADER, S/O. NOORMUHAMMED RAWTHER, 58 YEARS OF AGE, ISWARYA NAGAR, PUDUNAGARAM, PALAKKAD DIST. 9. A.V. ABDUL JALEEL, S/O. VELAPPA RAWTHER 54 YEARS, ARASU VEEDU, THEKKATHU VATTARAM PUDUNAGARA, PALAKKAD DIST. WP(C).No. 1476 of 2009(A) - 2 - 0. T.M. ABDUL JABBAR, S/O. MOHAMMEDKUTTY, 53 YEARS, THATTAN VEEDU, H. NO. 3/160, PUDUNAGARAM, PALAKKAD DIST. 11. A.S. RAHAMATHULLAH, S/O. SYED MUHAMMED RAWTHER, 46YEARS, ALUMITHEEN VEEDU, MELE STREET, PUDUNAGARA, PALAKKAD DIST. 12. U.E. BADARUDHEEN, S/O. USUPH RAWTHER, 64 YEARS, UMER ATHA VEEDU, K.P. STREET, PUDUNAGARA, PALAKKAD DIST. BY ADV. SRI.K.MOHANAKANNAN SMT.A.R.PRAVITHA RESPONDENT(S): --------------- STATE OF KERALA, REP. BY DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU PALAKKAD -REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY GOVERNMENT PLEADER SRI.GIKKU JACOB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J ------------------------------------ W.P(C). No.1476 of 2009 ------------------------------------- Dated this the 14th day of January, 2009 JUDGMENT Petitioners are accused 2 to 9 and 11 to 14 and they face indictment in a prosecution for offences punishable, inter alia, under Section 13 of the P.C Act. Cognizance has been taken by the learned Special Judge on the basis of a final report submitted by the police. According to the petitioners, they are not liable to be proceeded against under P.C Act. They have a contention that they are not public servants. 2. The petitioners have already entered appearance before the learned Special Judge. The case stands posted to 15.01.09. I am certainly of the opinion that the petitioners must raise this contention initially before the learned Special Judge and claim discharge. The learned Special Judge, in the light of the entire materials placed before him, must consider whether charges are liable to be framed under the P.C Act and other sections of offences alleged. I am of opinion that there is no necessity to invoke the extraordinary inherent jurisdiction under Article 226/227 of the Constitution of India at this stage. W.P(C). No.1476 of 2009 2 3. Needless to say, the petitioners must be given opportunity to raise their plea for discharge before the learned Special Judge and the Special Judge must consider such plea and take appropriate decision in accordance with law expeditiously. 4. This Writ Petition is, in these circumstances, dismissed with the above observations. 5. Hand over a copy of this judgment to the learned counsel for the petitioners. (R.BASANT, JUDGE) rtr/-