IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.K.MOHANAN TUESDAY, THE 6TH DECEMBER 2011 / 15TH AGRAHAYANA 1933 CRL.A.No. 1417 of 2008() ------------------------ CC.22/1992 of ENQUIRY COMMISSIONER & SPECIAL JUDGE, KOZHIKODE .................... APPELLANT(S): COMPLAINANT: --------------------------------------------------- STATE OF KERALA, REP.BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. (CRIME NO.5/HQ/85/VIG.HQ,TVPM). BY PUBLIC PROSECUTOR SMT. LALIZA.T.Y. RESPONDENT(S): ACCUSED: ------------------------------------------- 1. P.M.SREENIVASAN, FORMER EXECUTIVE ENGINEER, PAZHASSI IRRIGATION PROJECT DIVISION NO.II, THALIPARAMBA, (LAXMI NEAR GOVERNMENT POLY TECHNIC, WEST HILL, CALICUT-5). 2. V.D.UDAYAKUMAR, MANAGING PARTNER, M/S.INDIRA ENGG.CORPORATION, & M/S.DEEPA AGENCIES, COIMBATORE (5/18, VEERAKERALAM, COIMBATORE). R1 BY ADVS.SRI.K.P.SUDHEER, SMT.P.JAYALAKSHMI. R2 BY ADV. SRI.T.G.RAJENDRAN THIS CRIMINAL APPEAL HAVING BEEN FINALLY HEARD ON 06/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.K.MOHANAN, J. ------------------------------- Crl.A.No.1417 of 2008 ------------------------------- Dated this the 6th day of December, 2011. J U D G M E N T This appeal is preferred at the instance of the State challenging the judgment dated 24.4.2004 in C.C.No.22 of 1992 of the court of Enquiry Commissioner and Special Judge-Kozhikode, by which the learned Judge acquitted the accused, who are two in numbers and who faced the charge under Section 5(2) r/w 5(1)(d) of the P.C. Act and under Section 109 and 120B of IPC. 2. The learned Public Prosecutor on the basis of Annexure R1(a) report, submitted that this appeal can be closed. 3. Annexure R1(a) is the report produced by the first respondent, who is the first accused in the above appeal. It is a copy of the final report No.5/10 in VC 5/HQ/85 U/s 5(2) r/w 5(1) (d) of P.C.Act 1947 and 120(B) of IPC (in respect 2 Crl.A.No.1417 of 2008 of charge sheet originally filed as 8/89 and tried as C.C.16/92) submitted before the court of Enquiry Commissioner and Special Judge-Kozhikode. From the above report it appears that, the investigation agency has considered the scope for refiling a fresh charge and it is found that eight accused were expired and there is only remote probability of making available the evidence before the court and the important Investigating Officer is also no more. It is also reported that, no appeal was filed before the Apex court against the acquittal of the accused in similar other appeals, as there is no possibility of getting a conviction, in case an appeal is filed. Accordingly, by the above report it was requested to drop further action in charge sheet filed as 8/89 against Sri.V.K.Suseelan, Sri.S.Krishna Iyer (8) and Sri.V.D.Udayakumar, who are the accused in 5/HQ/85, which was tried along with C.C.No.16 of 1992, as a mistake of fact. According to me, recording the submission of the 3 Crl.A.No.1417 of 2008 learned Public Prosecutor and Annexure R1(a) report, this appeal can be dismissed as 'not pressed'. In the result, this appeal is dismissed as not pressed. V.K.MOHANAN, Judge ami/