IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 1ST AUGUST 2011 / 10TH SRAVANA 1933 Crl.MC.No. 2048 of 2011() ------------------------------------- CRIME NO.VC 14/2006/MPM OF THE VACB, MALAPPURAM -------------------------- PETITIONER(S): ACCUSED ---------------------------------------- SHAJAHAN ALIAS SHAJAHAN KABEER, S/O.K.T.MOOSA, AGED 41 YEARS, KADAMTHODIYIL HOUSE, P.O.KARUVAMBRAM, MANJERI, MALAPPURAM DISTRICT. BY ADV. SRI.C.S.MANU SRI.S.K.PREMRAJ RESPONDENT(S): STATE -------------------------------------- STATE OF KERALA, REPRESENTED BY THE DEPUTY SUPERINTENDENT OF POLICE VIGILANCE & ANTI CORRUPTION BUREAU, MALAPPURAM. BY PUBLIC PROSECUTOR SRI.JAIBY PAUL THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 01/08/2011, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: sts CRMC.NO.2048/2011 APPENDIX PETITIONER'S ANNEXURES: ANNEX- 1 COPY OF THE FIR IN CRIME NO. VC 14/2006/MPM OF THE VACB, MALAPPURAM. ANNEX-2 COPY OF THE STATEMENT OF SARAMMA GEORGE (CW-28) IN CRIME NO. VC 14/2006/MPM OF THE VACB, MALAPPURAM. ANNEX -3 COPY OF THE DOCUMENT NO.25(EXT.O) PRODUCED IN CRIME NO. VC 14/2006/MPM OF THE VACB, MALAPPURAM. ANNEX -4 COPY OF THE FINAL REPORT IN CRIME NO.VC 14/2006/MPM OF THE VACB, MALAPPURAM. RESPONDENT'S ANNEXURES: NIL /TRUE COPY/ P.A.TO.JUDGE sts B.P.RAY, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No.2048 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of August, 2011 ORDER Heard learned counsel for the petitioner and the learned Public Prosecutor. 2. Petitioner is the fifth accused in Crime No.VC 14/2006/MPM of the VACB, Malappuram for the offences punishable under Section 13(2) of the Prevention of Corruption Act, 1988 and Sections 120-B and 409 of the Indian Penal Code, 1860. Prayer in this Crl.M.C. is to quash annexure I FIR and annexure 4 final report in Crime No.VC 14/2006/MPM of the VACB, Malappuram and all further proceedings pursuant thereto. 3. Learned Public Prosecutor, on instruction, submits that the case is now pending before the Court of Enquiry Commissioner and Special Judge, Thrissur as C.C.No.18/2010. 3. Having heard learned counsel for the parties and having perused the materials available on record, I am not inclined to quash the FIR and final report at this stage. I have not expressed any opinion on the merit of the case. However, it is open to the petitioner to file an appropriate application for discharge before the court below where the case is now pending. If such an application is filed, the learned Judge concerned shall consider and dispose of the same in accordance with law. If the petitioner files an application under Section 205 Cr.P.C., personal appearance of the petitioner shall be dispensed with on such terms and conditions which the learned Judge deems fit. Crl.M.C. is disposed of as above. B.P.RAY, JUDGE jes