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2025 DAILYLAW 7243 (KER)

K.S.RAJU v. STATE OF KERALA

Crl.Rev.Pet/437/2021 · 2025-04-01

P G Ajithkumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:27582 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE P.G. AJITHKUMAR TUESDAY, THE 1ST DAY OF APRIL 2025 / 11TH CHAITHRA, 1947 CRL.REV.PET NO.437 OF 2021 (AGAINST THE ORDER DATED 16.10.2019 IN CMP NO.1692 OF 2017 OF THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE(VIGILANCE), MUVATTUPUZHA, ERNAKULAM DISTRICT) REVISION PETITIONERS/ACCUSED 2 TO 6: 1 K.S.RAJU AGED 62 YEARS S/O.K.N. SANKUNNY, RETIRED CHIEF ENGINEER & MANAGING DIRECTOR, KERALA STATE CONSTRUCTION CORPORATION, RESIDING AT SWATHY, CMC IX/19, CHERTHALA, ALAPPUZHA DISTRICT 2 P.K.SATHEESAN, AGED 59 YEARS, S/O.KOCHUKUNJU, RETIRED CHIEF ENGINEER, P.W.D (ROADS & BRIDGES) AND DIRECTOR, KERALA STATE CONSTRUCTION CORPORATION, RESIDING AT SANJEEVANAM, T.C IX/1317(14) PYPINMOODU, SASTHAMANGALAM P.O.,THIRUVANANTHAPURAM 3 R. SREENARAYANAN, AGED 64 YEARS S/O. V RAMAN NAIR, RETIRED SUPERINTENDING ENGINEER & GENERAL MANAGER, KERALA STATE CONSTRUCTION CORPORATION, RESIDING AT AVANI, MUTHUKULAM SOUTH P.O.,ALAPPUZHA 4 P.R.SANTHOSH KUMAR, AGED 63 YEARS S/O. N. RAMAN PILLAI, RETIRED SUPERINTENDING ENGINEER AND MANAGING DIRECTOR, KERALA STATE CONSTRUCTION CORPORATION, RESIDING AT INDEEVARAM, DESINGANAD NAGAR 121, ASHRAMAM, KOLLAM 2025:KER:27582 2 Crl.R.P.No.437 of 2021 5 SREEKUMAR K.V, AGED 67 YEARS S/O.K.R. VELAYUDHA PANICKER, RETIRED SENIOR FINANCE OFFICER & FINANCE MANAGER, KERALA STATE CONSTRUCTION CORPORATION, RESIDING AT SREEMOOLAM, 43/606-Q KALAVATH ROAD, PALARIVATTOM, ERNAKULAM BY ADVS. K.P.SATHEESAN (SR.) P.MOHANDAS (ERNAKULAM) S.K.ADHITHYAN SABU PULLAN GOKUL D. SUDHAKARAN RESPONDENTS/STATE, COMPLAINANT & DEFACTO COMPLAINANT: 1 STATE OF KERALA REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-682 031 2 THE DEPUTY SUPERINTENDENT OF POLICE VACB ERNAKULAM UNIT, KOCHI-682 017 3 GIRISH BABU.G AGED 45 YEARS,S/O.P.K.GOPALAKRISHNAN, PUNNAKKADAN HOUSE, CUSAT P.O., KALAMASSERY, ERNAKULAM - 682 022. BY ADVS. PUBLIC PROSECUTOR NAVEEN THOMAS SMT REKHA S, SR PP SRI A RAJESH, SPL PP(VIG) THIS CRIMINAL REVISION PETITION HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:27582 3 Crl.R.P.No.437 of 2021 P.G. AJITHKUMAR, J. ----------------------------------------------------------- Crl.R.P.No.437 of 2021 ----------------------------------------------------------- Dated this the 1st day of April 2025 O R D E R The petitioners seek to set aside Annexure-IV order by which the Court of Enquiry Commissioner and Special Judge, Muvattupuzha directed the 2nd respondent to register a crime based on the complaint submitted by the 3rd respondent and to conduct an investigation. 2. The learned Special Public Prosecutor (Vigilance) would submit on instructions that the investigation in the matter is under way and could be completed within a period of three weeks. 3. In the light of the said submission of the learned Special Public Prosecutor, the learned counsel for the petitioners seeks permission to withdraw this revision petition without prejudice to the right of the petitioners to challenge the final report which would be filed in the matter, in case it is against the interest of the petitioners. Accordingly, this revision petition is dismissed as 2025:KER:27582 4 Crl.R.P.No.437 of 2021 withdrawn without prejudice to the aforesaid right of the petitioners and leaving open all the contentions of the petitioners. Sd/- P.G. AJITHKUMAR JUDGE PV 2025:KER:27582 5 Crl.R.P.No.437 of 2021 APPENDIX OF CRL.REV.PET 437/2021 PETITIONERS’ ANNEXURES Annexure 1 CERTIFIED COPY OF THE COMPLAINT FILED BY THE 3RD RESPONDENT DATED 25.8.2017 AS CMP NO 1692/2017 Annexure 11 TRUE COPY OF THE FINAL REPORT NO 3/2019 (REFER CHARGE) FILED BY THE VIGILANCE AND ANTI CORRUPTION BUREAU, MALAPPURAM UNIT DATED 16.2.2019 Annexure 111 CERTIFIED COPY OF THE PRELIMINARY ENQUIRY REPORT NO PE-91/2017/EKM/KSCC DATED 6.3.2018 FILED BY THE 2ND RESPONDENT BEFORE THE COURT OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, MUVATTUPUZHA Annexure IV CERTIFIED COPY OF THE ORDER OF THE COURT OF ENQUIRY COMMISSIONER AND SPECIAL JUDGE (VIGILANCE) MUVATTUPUZHA DATED 16.10.2019 IN CMP NO 1692/2017