IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 9TH APRIL 2008 / 20TH CHAITHRA 1930 Crl.MC.No. 1545 of 2008() ------------------------- CC.61/2005 of ENQUIRY COMMR. & SPL. JUDGE, THRISSUR .................... PETITIONER: ACCUSED NO.14 -------------------------------------------------- JOHNY THOMAS, AGED 45 YEARS, S/O THOMAS, VELLAPPANIYIL HOUSE, ELANGULAM KARA, ELANGULAM VILLAGE, KOTTAYAM DISTRICT. BY ADV. SRI.JOY GEORGE SMT.PRAICY JOSEPH RESPONDENTS: COMPLAINANT ------------------------------------------------------ THE DEPUTY SUPERINDENTENT OF POLICE-1, VIGILANCE AND ANTI CORRUPTION BUERO, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ALONG WITH CRL.M.C.NOS.1550 & 1554/2008 ON 09/04/2008, ON 09/04/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C.Nos. 1545,1550 & 1554 of 2008 = = = = = = = = = = = = = = = = = Dated this the 9 th day of April, 2008 ORDER The common petitioner in these petitions is one of the common accused in VC 3/99/KTM-III of VCAB, Eastern Range, Kottayam registered for offences punishable under Sections 409,420,467,468,471,477(A),204,109,120B read with 34 IPC and Sections 13(1)(c) and (d) read with 13(2) of the Prevention of Corruption Act, 1988 . 2. Since the offences pertain to different periods, the Investigation Agency has filed three separate charge sheets against the accused persons. The cases are now pending before the Enquiry Commissioner and Special Judge, Thrissur as C.C.Nos.60/2005, 61/2005 and 62/2005 respectively. The prayer of the petitioner is to quash the FIR as well as all proceedings now pending before the Enquiry Commissioner and Special Judge. 3. The proper course open to the petitioner is to plead for a discharge on all or any of the grounds raised in this petition. I Crl.M.C.Nos. 1545/08 & con. matters 2 am inclined to permit the petitioner to plead for discharge in absentia. In case the petitioner files an application for discharge in absentia before the learned Special Judge, the Special Judge shall not insist on the personal appearance of the petitioner for the disposal of the said petition. The petitioner may, if so advised, file the petition before the HeadQuarters of the Court at Thrissur and request for a hearing at Thrissur. These Crl.M.Cs are disposed of as above. V. RAMKUMAR, JUDGE sj