IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 Crl.MC.No. 2387 of 2009() ------------------------- CC.15/2009 of ENQUIRY COMMR. & SPL. JUDGE'S COURT, TRIVANDRUM .................... PETITIONER(S): ------------------------- K.S.BABUKUMAR, S/O.LATE KRISHNA PILLAI, SARASWATHY BHAVAN, THAMARAKKULAM, KOLLAM, NOW RESIDING AT BIO-SHERATON, T.P.NAGAR, 121, THAMARAKKULAM, KOLLAM. BY MR.P.G.THAMPI, SENIOR ADVOCATE, MR.G.PRIYADARSAN THAMPI, MR.SYAM T.SAM. RESPONDENT(S): STATE AND COMPLAINANT: --------------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. 2. THE DEUPTY SUPERINTENDENT OF POLICE, V.A.C.B., THIRUVANANTHAPURAM. 3. G.KESAVAN NAIR, FORMERLY STORES SUPERINTENDENT, DISTRICT MEDICAL STORE, THIRUVANANTHAPURAM. 4. K.DAMODARAN NAIR, STORE KEEPER, DISTRICT MEDICAL STORE, THIRUVANANTHAPURAM. BY PUBLIC PROSECUTOR MR. P.N.SUKUMARAN THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 30/07/2009, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: Kss M.Sasidharan Nambiar, J. -------------------------- Crl.M.C.No.2387 of 2009 -------------------------- ORDER Petitioner, the third accused in C.C.No.15/2009 on the file of Enquiry Commissioner & Special Judge, Thiruvananthapuram, filed this petition under Section 482 of Code of Criminal Procedure to quash Annexure-A22 FIR and Annexure-A23 chargesheet contending that continuation of the prosecution as against the petitioner is illegal and therefore, it is to be quashed. 2. Learned senior counsel appearing for the petitioner and learned Public Prosecutor were heard. 3. Learned senior counsel appearing for the petitioner submitted that there is absolutely no material to connect the petitioner with the offence and he is only an agent and in such circumstances, continuation of the proceedings as against him is only an abuse of process of the court. Learned CRMC 2387/09 2 Public Prosecutor pointed out that petitioner is entitled to agitate the matter before the Special Judge before framing the charge and he is entitled to seek an order for discharge under Section 239 of Code of Criminal Procedure. Learned senior counsel submitted that in that case petitioner has to appear before the court and if it is dispensed with, petitioner can agitate the matter before the Vigilance Court. In such circumstances, petition is disposed granting liberty to the petitioner to file an application before the Vigilance Court and seek an order for discharge and raise all the contentions raised herein before the Special Judge. Special Judge is directed to dispense with the presence of the petitioner, on an application filed, for filing and hearing a petition for discharge under Section 239 of Code of Criminal Procedure. 30th July, 2009 (M.Sasidharan Nambiar, Judge) tkv