IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR TUESDAY, THE 15TH JUNE 2010 / 25TH JYAISTHA 1932 Crl.MC.No. 1989 of 2010() ------------------------- VC.13/2009/TCR/2009 of ENQUIRY COMMR. & SPL. JUDGE, THRISSUR .................... PETITIONER(S): ------------------------ REKHA P, W/O.AJITH KUMAR VILLAGE OFFICER, MARUTHOMKARA VILLAGE VADAKARA TALUK, TRICHUR NOW RESIDING AT CHOTHI, ARATTUPUZHA POST, THRISSUR DISTRICT. BY ADV. SRI.SIVAN MADATHIL RESPONDENT(S): -------------------------- 1. STATE OF KERALA REP BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA ERNAKULAM. 2. DIRECTOR OF VIGILANCE AND ANTI ' CORRUPTION BUREAU THIRUVANANTHAPURAM. 3. DEPUTY SUPDT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BUREAU,TRICHUR. 4. MR.RAMAKRISHNAN, KURUMBAM KANDATHI HOUSE ETTUMUNA,THEKKUMURI, TRICHUR DISTRICT, POWER OF ATTORNEY HOLDER OF K.P.WILSON KURUMBAM KANDATH, ETTUMUNA,KARUVANNUR PO,TRICHUR. PUBLIC PROSECUTOR SRI.B.VINOD THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 15/06/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1989 of 2010 = = = = = = = = = = = = = = Dated this the 15th day of June, 2010 ORDER The petitioner, who is now working as Village Officer at Maruthomkara Village in Vadakara Taluk, Kozhikode district, seeks to quash Annexure A2 FIR in V.C.No.13/2009/TCR registered by the 3rd respondent, Deputy Superintendent of Police, VACB, Thrissur and all further proceedings. 2. It appears that the one Ramakrishanan (the 4th respondent herein) had persistently filing complaints of corruption and criminal misconduct against the petitioner herein before the Enquiry Commissioner and Special Judge, Thrissur and notwithstanding Annexure A1 report dated 16.1.2008 submitted by the 3rd respondent to the effect that the allegations levelled against the petitioner were false, Annexure A2 FIR was registered against the petitioner. The 4th respondent had again moved the Enquiry Commissioner and Special Judge, Thrissur resulting in a 2nd enquiry by the 3rd respondent resulting in Annexure A4 report. Even though both Annexure A1 and A4 Crl. M.C. No. 1989 of 2010 2 reports go to show that the petitioner in her capacity as Village Officer had submitted a correct report, after proper enquiry in the matter, the grievance of the petitioner is that she was being vexed and harassed at the instance of the 4th respondent. 3. The learned Public Prosecutor submitted that a report has been filed on 28.05.2010 before the Enquiry Commissioner and Special Judge, Thrissur to the effect that the allegations levelled against the petitioner were false and prosecution under Section 211 IPC has been recommended against the 4th respondent for initiating false and malevolent criminal proceedings against the petitioner. The said submission is recorded. Annexure A2 FIRis quashed. This Crl.M.C is disposed of as above. Dated this the 15th day of June, 2010. V. RAMKUMAR, JUDGE Crl. M.C. No. 1989 of 2010 3 V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.M.C..No.1989 of 2010 = = = = = = = = = = = = = = Dated this the 15th day of June, 2010 ORDER Registry shall ascertain from the Enquiry Commissioner and Special Judge, Thrissur as to what action has been taken against the 4th respondent (Ramakrishnan) pursuant to the report submitted by the 3rd respondent to the effect that prosecution under Section 211 IPC has been recommended against him. V. RAMKUMAR, JUDGE sj