T M JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) Sri. T. M. Jacob, an Ex - Minister of Kerala who is an accused in C.C. 2/99 on the file of the Court of the Enquiry Commissioner and Special Judge, Kozhikode has filed this petition under S.482 of the Code of Criminal Procedure to quash the order dtd. 6.12.2000 of the Special Judge in Crl. M. P. No. 31/2000 in C.C. 2/1999.

(2.) The facts necessary for the disposal of this petition may be stated as follows:

(3.) On 14.1.2000, the petitioner filed Crl. M. P. No. 30/2000 for an order of discharge under S.239 of the Code of Criminal Procedure. He also filed Crl. M. P. No. 31/2000 praying for summoning the documents listed in the schedule to the petition. Though the Special Prosecutor stoutly opposed the application, the Court below allowed the application and directed to issue summons for the production of documents listed in the Schedule. Pursuant to the summons issued by the Court, some of the documents were produced. But there was delay in producing the documents listed as items 15, 16 and 18 which are in the custody of State Legislature. Summons was issued to the Secretary of the Kerala State Legislature Assembly to produce those documents. While so, the learned Judge who passed the order was transferred and his successor Judge passed the impugned order nullifying the earlier order passed by his predecessor.