IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT WEDNESDAY, THE 17TH SEPTEMBER 2008 / 26TH BHADRA 1930 Crl.MC.No. 3457 of 2008() ------------------------- CC.35/2005 of ENQUIRY COMMR. & SPL. JUDGE, TRIVANDRUM CRIME NO.20/1994 OF VIGILANCE HEAD QUARTERS POLICE STATION, THIRUVANANTHAPURAM .................... PETITIONER: 6TH ACCUSED: ------------------------ P.K.SURENDRANATHAN ASARI, AGED 64 YEARS, S/O.LATE K.K.ACHARI, (PRINCIPAL CHIEF CONSERVATOR OF FORESTS-RETIRED), 'SURASINDHU', T.C.9/2228, KURUP'S LANE, SASTHAMANGALAM, THIRUVANANTHAPURAM. BY ADV. SRI.B.HARISH KUMAR RESPONDENTS: COMPLAINANT: ------------------------- STATE OF KERALA, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM. BY PUBLIC PROSECUTOR SRI.S.U.NAZAR THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 17/09/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R.BASANT, J ------------------------------------ Crl.M.C. No.3457 of 2008 ------------------------------------- Dated this the 17th day of September, 2008 ORDER Petitioner, who faces indictment as the 6th accused in C.C.No.35 of 2005, has filed this petition under Section 482 Cr.P.C to quash the proceedings against him on the short ground that there has been inordinate delay in the completion of proceedings and that thereby his right to life which includes the right to speedy trial guaranteed under Article 21 of the Constitution of India has been infringed. 2. Why has the petitioner not come before this Court earlier ? What is the stage of the proceedings ? The learned counsel for the petitioner submits that C.C.No.35 of 2005 before the Special Judge for Vigilance Cases has been listed for trial to 19.09.08. 3. I am not, in the facts and circumstances of this case, persuaded to agree that this Crl.M.C under Section 482 Cr.P.C deserves admission or any interim orders deserve to be passed. I am satisfied that no action need be Crl.M.C. No.3457 of 2008 2 taken by this Court at this stage which would further delay and result in protraction in the disposal in C.C.No.35 of 2005. I find no justification for the petitioner coming to this Court at the eleventh hour when the matter stands listed for trial to 19.09.08. 4. This Crl.M.C is, in these circumstances, dismissed, but I may hasten to observe that dismissal of this Crl.M.C will not in any way fetter the rights of the petitioner to raise all relevant and necessary contentions before the learned Special Judge in the course of the trial that is to commence on 19.09.08. (R.BASANT, JUDGE) rtr/-