IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 Crl.MC.No. 3725 of 2007() ------------------------- C.C.NO.45/2004 ON THE FILE OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOZHIKODE PETITIONER: ACCUSED -------------------------------------------- K.V.JAYALAL, NOW WORKING AS DAIRY EXTENSION OFFICER, KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.T.M.CHANDRAN RESPONDENTS: STATE AND COMPLAINANT -------------------------------------------------------------------------- 1. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU, PALAKKAD. BY PUBLIC PROSECUTOR SRI.K.S.SIVAKUMAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.No.3725 of 2007 = = = = = = = = = = = = = = Dated this the 14th day of January, 2008 ORDER The petitioner, who is the sole accused in C.C.No.45 of 2007 on the file of Enquiry Commissioner and Special Judge, Kozhikode for offences punishable under Sections 468, 469, 471, 477(A) IPC and Section 13(1)(c)(d) read with Section 13(2)of the Prevention of Corruption Act, 1988 seeks to quash all proceedings pending in C.C.No.45/2004 on the file of the Enquiry Commissioner and Special Court, including the charge sheets in the case which are Annexures 1 and II herein. 2. According to the petitioner, he has not committed the alleged misappropriation and the amount in question was disbursed to various co-operative societies. But that is a matter which he may have to substantiate during the trial of the case. It cannot be considered by this Court at the present stage of the proceedings. But the fact remains that the alleged occurrence was committed in the year 1996 and the Nenmara Police had registered the case as Crime No.90/97 on 13.5.97 for offences punishable under Sections 468,477(a), 419 and 420 IPC. Before Crl.M.C.No. 3725 of 2007 2 the conclusion of the investigation the case files were transferred to the Vigilance Department resulting in the Vigilance Police re-registering the case as V.C.No. 18 of 2000 and finally submitted the charge sheet before the Enquiry Commission and Special Judge, Kozhikode where it is numbered as C.C.No.45/2004. The surviving grievance of the petitioner is that, on account of the delay in the proceedings his juniors in service have been promoted and he has been denied many of the service benefits which would have otherwise accrued to him but for the pendency of the case. 3. The Enquiry Commissioner and Special Judge, Kozhikode when called upon to report as to why the case has not been disposed of as per report dated 4.01.08 reported that, there are altogether 136 cases pending for trial from the year 1999 till the filing of the case on 17.11.04 and that at present, cases of the year 2003 and earlier years are being taken up for trial since priority is given to old cases. Technically this case could be said to be of the year 2004. But the fact remains that occurrence in this case was in the year 1996 and the petitioner is not responsible for the inordinate delay in the final outcome of the Crl.M.C.No. 3725 of 2007 3 investigation and the filing of the charge sheet. Hence the Special Judge shall give top priority to this case by giving it a posting out of turn, so that the trial of the case is over expeditiously . 4. Accordingly this Crl.M.C is disposed of directing the Enquiry Commissioner and Special Judge to post C.C.No.45/2004 for trial expeditiously and dispose of the same, at the earliest and at any rate, within a period of eight months from the date of receipt of a copy of this order. In case that court is not able to dispose of the case within the above time limit, the learned Judge shall send a report to the Registry of this Court explaining the reasons as to why the above time frame could not be adhered to. V. RAMKUMAR, JUDGE sj