R BALAKRISHNA PILLAI Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner is the first accused in C.C. 1 of 1991 on the file of Special Judge for the trial of Idamalayar Investigations, Ernakulam. Petitioner moved that court by Crl. M. P. 64 of 1994 requesting the court to discharge him under Section 239 Criminal Procedure Code as there are no material to connect the case with any of the offences alleged. Another petition was filed to consider the validity and legality of the sanction produced. During the pendency of these two petitions. Shri V. S. Achuthanandan, the Leader of the Opposition in the Kerala Legislative Assembly filed a counter statement dated 10-10-1994 requesting the court that petitioner shall not be discharged and Criminal M. P. 64 of 1994 should be dismissed. A copy of the counter statement was served on petitioner also. By order dated 26-10-1994 the Special Judge held that the objection filed by the third party to the discharge petition filed by the first accused is entertainable and the third party must be given an opportunity for being heard while hearing the case under Section 239, Criminal Procedure Code. The first accused challenged that order in this criminal miscellaneous case presented under Section 482 of the Code of Criminal Procedure.

(2.) Notice was given to the Public Prosecutor. Heard counsel for petitioner and Director General of Prosecutions.

(3.) Drawing attention to Section 239 of the Code of Criminal Procedure Shri. T. V. Prabhakaran, learned counsel for petitioner strongly contends that a third party cannot be permitted to be heard while the court considers the question whether the accused is liable to be discharged under that Section. Section 239 reads :