IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH TUESDAY, THE 22ND FEBRUARY 2011 / 3RD PHALGUNA 1932 Crl.MC.No. 458 of 2011() ------------------------ CC.14/2003 of ENQUIRY COMMR. & SPL. JUDGE, THRISSUR .................... PETITIONER(S): 5TH ACCUSED: ------------------------------------------------ SMT.SUMA.M.S., W/O.VIJAYAN, KADAKUZHI HOUSE, KUNDANNOOR, MARADU P.O., ERNAKULAM DISTRICT. BY ADV. SRI.T.G.RAJENDRAN RESPONDENT(S): COMPLAINANT/STATE: -------------------------------------------------------------- 1. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, ERNAKULAM-682 020. 2. STATE REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM-682 011. 3. MRS.M.K.GEETANJALI, W/O.GENUGOPALAN NAMBIAR, `ANJALI', ANNUR, PAYYANNUR, KANNUR DISTRICT-670 001. R1 & R2 BY PUBLIC PROSECUTOR SMT. M.K.PUSHPALATHA THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 22/02/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss THOMAS P. JOSEPH, J. -------------------------------------- Crl.M.C. No.458 of 2011 -------------------------------------- Dated this the 22nd day of February, 2011. ORDER This petition is filed by accused No.5 in C.C.No.14 of 2003 of the court of learned Enquiry Commissioner and Special Judge, Thrissur (for short, “learned Special Judge”) for offences punishable under Section 13(1)(c) and (d) read with Section 13(2) of the Prevention of Corruption Act (for short, “the PC Act”) and Sections 120B, 406, 409 and 420 of the Indian Penal Code. Case arose on a complaint filed by one Venugopal K. Nambiar which was forwarded to the Police for investigation under Section 156 (3) of the Code of Criminal Procedure. The Police after investigation submitted Annexure-A1, final report. It is contended in this proceeding that accused No.1 is a co-operative society which does not receive any aid either from the State or Central Governments and hence the employees of the society including petitioner are not public servants as defined in Section 2(ix) of the PC Act. It is also contended that the said Venugopal K. Nambiar had filed O.P.No.29 of 2002 before this Court and submitted that he wanted to withdraw the complaint filed before learned Special Judge. It is said that he has filed a petition which was forwarded to the Director of Vigilance but, nothing was done. Learned Public Prosecutor submitted that trial of the case has commenced and that two witnesses are already examined. 2. Since trial of the case has commenced and examination of Crl.MC No.458/2011 2 witnesses has started, I do not consider it necessary to go into the contentions raised in this proceeding at this stage. It is open to the petitioner to raise all her contentions regarding maintainability of the complaint as well as the truth of the allegations made therein before the learned Special Judge. Without prejudice to the said right of petitioner, this petition is closed. THOMAS P.JOSEPH, Judge. cks