IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 21ST AUGUST 2008 / 30TH SRAVANA 1930 Crl.MC.No. 2707 of 2008() ----------------------------------- R.C. NO.13(A) OF 2008 OF THE CBI, KOCHI BRANCH .............................. PETITIONERS/ACCUSED NOS.1 AND 2: --------------------------------------------------------- 1. A.KOMU,S/O.LATE BEERANKUTTY,AGED 58 YEARS PRESENTLY SERVING AS THE JOINT DIRECTOR GENERAL OF FOREIGN TRADE (JDGFT) MINISTRY OF COMMERCE AND INDUSTRY,GOVERNMENT OF INDIA, UDYOG BHAVAN NEW DELHI 110 011. 2. T.R.NAIR, S/O. K.THANKAPPAN NAIR AGED 54 YEARS, PRESENTLY SERVING AS THE PRINCIPAL PRIVATE SECRETARY TO THE SECRETARY DEPARTMENT OF AYUSH,MINISTRY OF HEALTH GOVERNMENT OF INDIA,RED CROSS BUILDING, RED CROSS ROAD, NEW DELHI 110 001. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ SRI.ANOOP JOSEPH SRI.ABHILASH AKBAR SRI.T.B.SIVAPRASAD RESPONDENT/COMPLAINANT: -------------------------------------------- CENTRAL BUREAU OF INVESTIGATON, KOCHI BRANCH REPRESENTED BY THE SUPERINTENDENT OF POLICE CBI, KOCHI BRANCH, KALOOR, KOCHI 682 017. BY ADV. SRI.M.V.S.NAMBOOTHIRY,SC, C.B.I. THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 21/08/2008,THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Rs/ R. BASANT, J. ------------------------------------------------- Crl.M.C. No.2707 of 2008 ------------------------------------------------- Dated this the 21st day of August, 2008 ORDER This petition is to quash an F.I.R. registered alleging offences punishable under Secs.120B and 420 IPC and Sec.13 of the P.C. Act. Altogether, there are six accused persons. The petitioners are accused 1 and 2. A crime has been registered. Investigation is in progress. 2. The learned counsel for the petitioners submits that the proceedings have been initiated vexatiously against the petitioners with the only intention of spoiling the chances of their promotion. The learned counsel submits that there is no substance in the allegation of conspiracy. Detailed arguments have been advanced. 3. After hearing the learned counsel for the petitioners, this Court felt that though it is not necessary to interfere with Crl.M.C. No.2707 of 2008 -: 2 :- the investigation which is in progress now, the interests of the petitioners – their prospects in promotion, should not be permitted to be affected by the pendency of this investigation. 4. To a suggestion put to the learned Standing Counsel for the C.B.I., the learned Standing Counsel submits that it can be directed that the pendency of this investigation by itself shall not affect the prospects of promotion of the petitioners in service. I am satisfied that this Crl.M.C. can be closed. 5. In the result, this Crl.M.C. is dismissed; but with the specific direction that the pendency of the investigation in R.C.No.13(A) of 2008 of the C.B.I., Kochi, against the petitioners/accused 1 and 2 by itself shall not in any way affect the prospects of the petitioners' promotion in any manner. The dismissal of this Crl.M.C. will not also affect the rights of the petitioners to seek appropriate relief later from this Court if a final report is filed against them. Sd/- (R. BASANT, JUDGE) Nan/ //true copy// P.S. to Judge Crl.M.C. No.2707 of 2008 -: 3 :-