O.C.John vs State Of Kerala

R. Narayana Pisharadi, J

The petitioner is the fifth accused in the case registered as Crime No.VC/09/15 ALP by the Deputy Superintendent of Police, Vigilance and Anti-

Corruption Bureau (VACB), Alappuzha under Sections 468, 471, 477A and 120B of the IPC and also under Section 15 of the Prevention of

Corruption Act, 1988.

After completing the investigation of the case, the VACB filed final report (refer report) praying that the case may be treated as “further action

droppedâ€​. This report was filed in the Court of the Enquiry Commissioner and Special Judge (Vigilance), Kottayam, as early as in April, 2019.

The grievance of the petitioner is that the Special Court has not so far taken any decision on the refer report filed by the VACB. Therefore, he has

filed this original petition under Article 227 of the Constitution of India seeking a direction to the Special Court to dispose of the matter.

This Court had called for a report from the Special Judge concerned as to the steps taken by him after filing of the final report and also with regard

to the time required for taking a decision thereon.

Learned Special Judge, in the report attached to his letter dated 13.04.2021, has requested to grant a period of three months for taking a decision on

the final report filed by the VACB.

Considering the present public health situation in the State due to COVID-19, I am of the view that the time sought by the learned Special Judge for

disposing of the matter can be granted.

Consequently, the original petition is allowed as follows: The Court of the Enquiry Commissioner and Special Judge (Vigilance), Kottayam is

directed to take a final decision on the final report (refer report) No. 1/2019 filed in that court in the above case, within a period of three months from

the date of production of a certified copy of this judgment in that court by the petitioner.