IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 3842 of 2008(A) -------------------------------------- CC. NO. 23/2002 OF ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOZHIKODE. .................... PETITIONER/ IST ACCUSED: ---------------------------------------- T.K. THANKAPPAN, S/O. KUNJAN, AGED 63, RESIDING AT KOODUKULAM, RAMAPURAM, PALA, KOTTAYAM DISTRICT. BY ADV. SRI.C.S.MANU, ADV. SRI.S.K.PREMRAJ. RESPONDENTS/ COMPLAINANT AND 2ND ACCUSED: ----------------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE, V.A.C.B, PALAKKAD. 2. D. VISRUTHAN, S/O. DAMODHARAN, AGED 52 YEARS, RESIDING AT D.C. HOUSE, P.O VENCODE, VATTAPPARA, NEDUMANGAD TALUK, THIRUVANANTHAPURAM DISTRICT. R1 BY PUBLIC PROSECUTOR SRI. P.N. SUKUMARAN. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/11/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: prv. R.BASANT, J ------------------------------------ Crl.M.C. No.3842 of 2008 ------------------------------------- Dated this the 10th day of November, 2008 ORDER Petitioner is the 1st accused in a prosecution pending before the Enquiry Commissioner and Special Judge, Kozhikode as C.C.No.23 of 2002. Trial in that case is complete. The matter stood posted for arguments finally to 24.10.08. 2. At this stage there was a proposal to transfer the case to the Enquiry Commissioner and Special Judge, Trichur consequent to re-allocation of jurisdiction of the Special Judges. The petitioner has come to this Court with a prayer that his case, in which the trial is already complete, may not be ordered to be transferred. 3. Notice was given to the respondent-State. Report of the learned Special Judge was called for. The learned Special Judge confirms that the trial in the case is complete and the case has been posted for final arguments. The learned Public Prosecutor submits that the State has no objection in directing this case, where the trial has already been completed, to be retained before the court of Enquiry Commissioner and Special Judge, Kozhikode for disposal. Crl.M.C. No.3842 of 2008 2 4. I am, in these circumstances, satisfied that interests of justice demand such a direction in a case where trial is over and it will only be advantageous to all concerned and in the interests of justice to direct that the Judge before whom the trial was held must dispose of the case. 5. In the result: i) This Crl.M.C is allowed; ii) There shall be a direction to the Enquiry Commissioner and Special Judge, Kozhikode to dispose of C.C.No.22 of 2002 pending before that court, in which the trial is already complete and the matter stands posted for final arguments without transferring the same to any other court. The learned Special Judge shall ensure that the case is disposed of as expeditiously as possible - at any rate, within a period of 60 days from the date on which a copy of this order is placed before the learned Judge. (R.BASANT, JUDGE) rtr/-