IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.RAMKUMAR WEDNESDAY, THE 16TH JULY 2008 / 25TH ASHADHA 1930 Crl.Rev.Pet.No. 285 of 2008() ----------------------------- AGAINST THE ORDER DATED 14/01/2008 IN & CMP 968/2006 IN CMP.721/2006 of ENQUIRY COMMR. & SPL. JUDGE, THRISSUR REVN. PETITIONER: PETITIONER ---------------------------- P.L.JACOB, S/O.LONAPPAN, PADINJAKKARA VEEDU, KUTTICKADU P.O., CHALAKKUDY, THRISSUR. BY ADV. SRI.S.RAJEEV RESPONDENTS: 1. T.K.SASI, CHIEF ENGINEER, IRRIGATION DEPARTMENT, TIYAMPALLY HOUSE, MUSEUM CROSS LANE, CHEMBUMUKKU, THRISSUR. 2. T.R.SAILESAN, EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, MOOVATTUPUZHA. 3. T.M.MANOHARAN, KERALA STATE ELECTRICITY BOARD, VYDHUTHI BHAVAN, PATTOM. 4. K.J.MATHEW, PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, NOW WORKING AS HOME SECRETARY, THIRUVANANTHAPURAM. 5. STATE OF KERALA, REP. BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.P.N.SUKUMARAN DR.K.P.SATHEESAN FOR R1 & 2 SRI.K.K.GOPINATHAN NAIR FOR R1 & 2 SRI.M.R.JAYAPRASAD FOR R1 & 2 SRI.P.MOHANDAS (ERNAKULAM) FOR R1 & 2 THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 16/07/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: V. RAMKUMAR, J. = = = = = = = = = = = = = Crl.R.P.No.285 of 2008 = = = = = = = = = = = = = = Dated this the 16 th day of July, 2008 ORDER Petitioner, who claims himself to be a public spirited individual, claims to have filed complaints against some of the senior officials of the irrigation department alleging offences punishable under the Prevention of Corruption Act, 1988. CMP No.s 721 of 2006, 968 of 2006 and 2253 of 2006 were the three complaints filed by him before the Enquiry Commissioner & Special Judge, Thrissur. All the three complaints were referred to the Director of Vigilance and Anti Corruption Bureau for enquiry and report. After enquiry in CMP Nos.721 of 2006 and 968 of 2006, the Vigilance Police filed refer reports. CMP No.2253/2006 is stated to be still under enquiry. 2. The grievance of the petitioner is that his request to the Special Court to defer the passing of orders on the two refer reports was not heeded by the Special Judge, who passed the impugned common order dated 14.1.08 accepting the refer reports and dropping further proceedings in CMP Nos.721/2006 Crl.R.P.No.285 of 2008 2 and 968/2006. The petitioner has a further grievance that he was not supplied with copies of the refer reports and supporting documents, in spite of filing Annexure V application for certified copies, and he, therefore, could not advance effective arguments before the Special Court while requesting that court not to accept the refer reports. 3. Now that the Special Court has accepted refer reports after notice to the revision petitioner. It is not necessary to reopen the matter again particularly when the petitioner has got a remedy of filing protest complaints against the refer reports, even after the acceptance of the same by the Special Court. If copies of the refer reports have not been given to the revision petitioner even after applying for the same, the Special Court shall ensure that the petitioner is supplied with copies of the refer reports in CMP Nos.721/2006 and 968/2006. With regard to the further prayer for certified copies of the supporting documents produced along with the refer reports, if they are voluminous documents, certified copies cannot be given. The petitioner can only peruse the same, for which purpose permission shall be given to the petitioner or his counsel. In as Crl.R.P.No.285 of 2008 3 much as the enquiry in CMP Nos. 2253/2006 is still on, no orders can be passed unless and until the Vigilance Police file a final report in the matter. As and when the final report is filed, depending on the same, the petitioner can work out his remedies if he is aggrieved by the same. This Crl.R.P. is disposed of as above. Dated this the 16 th day of July, 2008. V. RAMKUMAR, JUDGE sj