IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 26TH MAY 2010 / 5TH JYAISHTA 1932 Crl.MC.No. 1815 of 2010() ------------------------- CRMP.575/2010 of ENQUIRY COMMR. & SPL. JUDGE, TRIVANDRUM .................... PETITIONER(S): 2ND ACCUSED ------------------------------------------------------- PODIKUNJU MUSALIAR MEMORIAL CHARITABLE AND EDUCATIONAL TRUST, REPRESENTED BY ITS CHAIRMAN M.ABDUL AZEEZ, S/O. PODIKUNJU MUSALIAR CHANDANATHOPPE, KOLLAM. BY ADV. SRI.M.SREEKUMAR RESPONDENT(S): STATE & COMPLAINANT ---------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. SRI.SREENIVASAN VENUGOPAL, KERALA STATE SECRETARY, AIADMK,C 7 AND 8, MALLOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM. 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. PUBLIC PROSECUTOR SRI.C.S.HRITHWICK THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 26/05/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1815 of 2010 = = = = = = = = = = = = = = Dated this the 26 th day of May, 2010 ORDER In this petition filed under Section 482 Cr.P.C, the petitioner seeks to quash Annexure D order dated 10.5.2010 passed by the Enquiry Commissioner and Special Judge, Thiruvananthapuram on a private complaint registered as Crl.M.P.No.575/2010. 2. The order reads as follows:- “Forwarded u/s.156(3) Cr.P.C. to the Director, VACB for conducting a vigilance enquiry into the allegations raised in the complaint. If materials are collected warranting investigation a case shall be registered and FIR forwarded to this Court and then proceed with the investigation. If no materials are available to conduct investigation, a report shall be submitted within three months.” I fail to see as to how the petitioner is aggrieved by the said Crl. M.C. No.1815 of 2010 2 order. The Director, VACB is given the freedom not to register a crime in case there is no material available to conduct an investigation. Even if there are materials collected warranting investigation the only direction is to register a crime and commence investigation. The petitioner has no locus standi to challenge the above order forwarding the complaint under Section 156(3) Cr.P.C. The Special Court has not taken cognizance of the offences against the petitioner. In case there is a crime registered against him and in case there are grounds available to him to quash the FIR or the final report, if any, charge sheeting him, he can certainly work out his remedies by approaching the appropriate court. With these observations this Crl.M.C is dismissed. Dated this the 26th day of May, 2010. V. RAMKUMAR, JUDGE sj