IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 10TH NOVEMBER 2008 / 19TH KARTHIKA 1930 Crl.MC.No. 4048 of 2008() ------------------------- CC.45/2004 of ENQUIRY COMMR. & SPL.JUDGE, KOZHIKODE .................... PETITIONER(S): --------------- K.V.JAYALAL, NOW WORKING AS DAIRY EXTENSION OFFICER, KUNNAMANGALAM, KOZHIKODE. BY ADV. SRI.V.G.ARUN SRI.T.R.HARIKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR,, HIGH COURT OF KERALA, ERNAKULAM. 2. DEPUTY SUPERINTENDENT OF POLICE VIGILANCE AND ANTI CORRUPTION BUREAU, PALAKKAD. BY PUBLIC PROSECUTOR SRI. P.N. SUKUMARAN THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 10/11/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4048 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 10th day of November, 2008 O R D E R The petitioner is the sole accused in a prosecution which is pending before the Enquiry Commissioner and Special Judge. Trial in the case is almost complete. Prosecution evidence is closed. The matter stands posted for defence evidence. At this stage, the petitioner perceives that there is an attempt to transfer the case, which is now pending before the Enquiry Commissioner and Special Judge, Kozhikode to the Enquiry Commissioner and Special Judge, Trichur consequent to reallocation of jurisdiction in pursuance of the constitution of an additional court The petitioner has come to this Court with a prayer that such transfer may not be permitted and the Court, where the case has reached the fag end, may be directed to dispose of the same without transferring the case to any other court. Crl.M.C.No. 4048 of 2008 2 2. Notice was given to the learned Prosecutor, who does not oppose the prayer. Report of the learned Special Judge confirms that the case now rests at the stage of defence evidence. 3. I am satisfied in these circumstances that the interests of convenience of all and interests of justice demand that the court before which the case has reached the stage of defence evidence can and must be directed to dispose of the case expeditiously. 4. In the result: a) This Crl.M.C. is allowed. b) A direction is issued to the learned Enquiry Commissioner and Special Judge, Kozhikode to ensure that C.C.45 of 2004, which is now at the stage of defence evidence is disposed of by that court itself. The case shall not be transferred to any other court as a consequence of reallocation of jurisdiction. c) Every attempt shall be made by the learned Enquiry Commissioner and Special Judge, Kozhikode to dispose of the case as expeditiously as possible. (R. BASANT) Judge tm Crl.M.C.No. 4048 of 2008 3 R. BASANT, J. - - - - - - - - - - - - - - - - - - - - - - Crl.M.C.No. 4048 of 2008 - - - - - - - - - - - - - - - - - - - - - - Dated this the 29th day of October, 2008 O R D E R Heard. Admitted. Call for a report from the Enquiry Commissioner and Special Judge. Is there any proposal to transfer C.C.45 of 2004, which is said to be pending at the defence stage? The report of the learned Special Judge shall reach this Court by 10.11.2008. It is directed that in the meantime the case shall not be transferred to any other court. (R. BASANT) Judge tm