IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 30TH NOVEMBER 2010 / 9TH AGRAHAYANA 1932 OP(Crl.).No. 65 of 2010(Q) ------------------------------------- ( IN VIGILANCE CASE NO.4/2006 THE COURT OF ENQUIRY COMMR.& SPL.JUDGE,THRISSUR ) .................... PETITIONER: -------------------- RAJENDRA PRASAD, AGED 57 YEARS, RESIDING AT 35/362, H.NO.3(A1), CHAKKOLAS VILLAS, KOONAMTHAI, SOUTH KALAMASSERI ERNAKULAM, PRESENTLY RESIDING AT FLAT NO.I A, TRINITY CASTLE, EDAPPALLY, KOCHI-24. BY ADV. SRI.K.R.VINOD RESPONDENT(S): ------------------------- 1. THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM. 2. THE INSPECTOR OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM. R1 & R2 BY GOVERNMENT PLEADER SRI.P.A.SALIM THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 30/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts M.SASIDHARAN NAMBIAR,J. --------------------------------------------- O.P.(CRL.).NO.65 OF 2010 --------------------------------------------- Dated 30th November, 2010 JUDGMENT Petitioner, the accused filed this petition under Article 227 of Constitution of India for a direction to the first respondent to file a final report in Vigilance case No.4/2006 contending that the case was registered in 2006 and yet the final report is to be filed. 2. Second respondent, Circle Inspector of Police, Special Cell, Ernakulam filed a statement showing the progress of the investigation. Statement reveals that there are many debt and credit cards operated in the name of the petitioner, his wife and other family members and all documents relating to their landed property and building are to be OP(Cr).65/10 2 collected and only thereafter the final report could be submitted. It is stated that present investigating officer took over the investigation on 26/11/2008 and along with this case, four other cases were also assigned to him warranting similar type of investigations and in such circumstances, minimum one year is required to file the factual report. 2. Learned counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Argument of the learned counsel appearing for the petitioner is that as his entire bank accounts are freezed, petitioner is finding it difficult to meet necessary expenses and he is now living in a rented house and in such circumstances, a direction is to be issued to submit the final report within a period of not more than six months. OP(Cr).65/10 3 4. Learned Government Pleader submitted that the investigation cannot be rushed as the entire details are to be examined and in such circumstances, final report will be submitted at the earliest, after completing the investigation, which may need a period of one year. In the nature of the investigation to be undertaken, I cannot agree with the submission of the learned counsel appearing for the petitioner that a direction is to be issued to submit a final report within six months. First respondent is directed to file the final report after completing investigation, as expeditiously as possible. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. uj.