IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 28390 of 2005(D) -------------------------- AGAINST THE ORDER IN CC 32/2003 IN CMP.384/1999 of ENQUIRY COMMR.& SPL.JUDGE,THRISSUR .................... PETITIONER: ------------------- K.RAMAKRISHNAN, MANAGING PARTNER, ENARC CONSULTANTS, ARCHITECTS AND ENGINEERS, MG ROAD, TRICHUR. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): ------------------------ 1. THE VIGILANCE AND ANTI-CORRUPTION BUREAU, TRICHUR UNIT, TRICHUR. 2. THE STATE OF KERALA, REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-682 031. BY GOVT.PLEADER SRI.K.SANAL KUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, ALONG WITH WP(C).NO.29517 OF 2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 28390 of 2005(D) APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: COPY OF THE CHARGE SHEET SUBMITTED BY THE FIRST RESPONDENT BEFORE THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR. EXT.P2: COPY OF THE STATEMENT SUBMITTED BY THE ASSISTANT EXECUTIVE ENGINEER BEFORE THE COURT. EXT.P3: COPY OF THE RELEVANT PORTION OF THE BYE LAWS OF INDIAN COFFEE BOARD WORKERS CO-OP. SOCIETY LTD. EXT.P4: COPY OF THE PLAINT IN OS.NO.281/2002 ON THE FILE OF THE SUBORDINATE JUDGE, THRISSUR. EXT.P5: COPY OF THE DETAILED WRITTEN STATEMENT SUBMITTED BY THE PETITIONER. RESPONDENTS' EXHIBITS:- NIL. ( TRUE COPY ) PA TO JUDGE. Kvs/- P.S.GOPINATHAN, J. == = = = = = = = = = = = = = = = = = WP(C).No.28390 of 2005-D & WP(C).No.29517 of 2006-L. = = = == = = = = = = = = = = = = = = Dated this the 14th day of August, 2009. J U D G M E N T Since the issue involved in both petitions is one and the same, both petitions were heard together and disposed by this common judgment. 2. Petitioners are accused Nos.13 and 12 respectively in CC.No.32/2003 on the file of the Enquiry Commissioner and Special Judge, Thrissur. The first respondent filed a charge sheet against the petitioners and 11 others alleging offences under Sec.13(1)(c) and (d) read with Sec.13 (2) of the Prevention of Corruption Act, 1988 and Section 409, 471, 477(A) and 120(B) of the Indian Penal Code. The other accused are stated to be the office bearers of the Indian Coffee Board Workers Co-operative Society Ltd., No.4227, M.G. Road, Thrissur. The brief allegation is that the petitioners herein conspired with accused Nos.1 to 11 who were the President, Secretary, Assistant Secretary and Committee Members of the above said society regarding the construction of a building and caused wrongful loss of Rs.6,48,213/- to the society and that much amount was got as undue pecuniary advantage to the petitioners. WP(C).No.28390/05 & WP(C).No.29517/06. -: 2 :- 3. According to the petitioners, accused Nos.1 to 11 would not come within the purview of the public servant as defined in the Prevention of Corruption Act and hence the other accused and the petitioners would not come within the purview of the Prevention of Corruption Act and are not liable to be prosecuted before the Enquiry Commissioner and Special Judge, Thrissur. With the above pleadings, seeking an order to quash Ext.P1 charge sheet as against the petitioners, this writ petitions were filed. 4. It is submitted that the charge was not yet framed by the trial court. In that event the petitioners can raise their contentions before the trial court before framing charge. Since the dispute raised is one regarding the jurisdiction of the court, the trial court would definitely hear it before framing charge. Admittedly, the petitioners had not raised the same till date before the trial court. Hence I find that no interference in exercise of the powers vested under Article 227 of the Constitution of India is warranted at this stage. In the above circumstance, both writ petitions are dismissed with liberty to the petitioners to urge their contentions before the Enquiry Commissioner and Special Judge, Thrissur. No costs. P.S.GOPINATHAN, JUDGE. Kvs/-