IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT THURSDAY, THE 22ND JANUARY 2009 / 2ND MAGHA 1930 WP(C).No. 2366 of 2009(F) --------------------------------------- PETITIONER(S): ------------------------- 1. R.RAMACHANDRAN NAIR, FORMER CHIEF SECRETARY TO THE GOVERNMENT OF KERALA. 2. FORMER VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, NOW RESIDING AT MAIDAN VILLA, HINDU MISSION ROAD, BEHIND GOVT. SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.SANTHARAM.P RESPONDENT(S): --------------------------- 1. THE PRINCIPAL SECRETARY, (HOME & VIGILANCE) GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, BUREAU OF VIGILANCE & ANTICORRUPTION, THIRUVANANTHAPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE (VIGILANCE) ERNAKULAM. GOVERNMENT PLEADER SRI. GIKKU JACOB FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss R.BASANT, J ------------------------------------ W.P(C). No.2366 of 2009 ------------------------------------- Dated this the 22nd day of January, 2009 JUDGMENT Petitioner faces indictment in a prosecution inter alia for the offence punishable under the P.C.Act. The F.I.R in the crime was registered long earlier and the case is now pending as C.C.No.31 of 2005. According to the petitioner, the allegations are totally unjustified. They are groundless and the petitioner is entitled to have the proceedings against him discontinued at the earliest. 2. The learned counsel for the petitioner after discussions at the Bar submits in response to a specific query by this Court that the petitioner shall be satisfied if a specific direction is issued to the learned Special Judge, Trichur to consider the plea of the petitioner for discharge as expeditiously as possible - within a stipulated time frame. 3. I find the said request to be absolutely justified. Proceedings have been pending from 2005. But the petitioner has not been given an opportunity to stake his claim for discharge and thus prematurely terminate the allegedly W.P(C). No.2366 of 2009 2 undeserved prosecution against him. That request of the petitioner does appear to me to be absolutely reasonable. 4. This Writ Petition is, in these circumstances, allowed in part. There shall be a direction to the learned Special Judge, Trichur to consider the plea of the petitioner for discharge in C.C.No.31 of 2005 as expeditiously as possible - at any rate, within a period of 3 months from the date on which a copy of this judgment is placed before the learned Judge. 5. There is of course a further grievance raised that the direction of the Government for withdrawal of the case communicated to the Director, Vigilance and Anti Corruption Bureau, Trivandrum under Ext.P3 order dated 03.04.06 has not evoked any action. Needless to say, the Prosecutor in charge of the case will have to take a decision as to whether the withdrawal under Section 321 Cr.P.C is necessary or not. 6. Hand over a copy of this judgment to the learned counsel for the petitioner for production before the learned Special Judge. (R.BASANT, JUDGE) rtr/-