K.S.BALASUBRAMANIAN Vs. BIJU KOCHUPAUL

JUDGEMENT

(1.) Can the Special judge, after dismissing that part of the complaint as against some of the respondents, invoke the power under Section 156(3) Cr.P.C., as against the rest of the respondents? This is precisely the question to be decided here.

(2.) This matter relates to the ill -famed Chandra Bose murder case. Alleging that the then DGP of the State, who is the petitioner herein, had extended some favours to the accused in the case and had thereby committed criminal misconduct, the present complaint was filed before the Court of the Enquiry Commissioner and Special Judge (Vigilance), Thrissur.

(3.) Apart from the petitioner, some other respondents were also arraigned as respondents in the complaint. The court below has passed the impugned order in the form of Annexure -II, by applying its mind in the matter and by concluding that specific allegations were not raised against respondents 2, 3, 6, 7 and 14 in the complaint, and therefore, as far as the said respondents were concerned, any further proceedings were not required. The court below, through the impugned order, has ordered a preliminary inquiry into the allegations against respondents 1, 4, 5, 8 to 13 and 15 in the complaint. The 1st respondent in the complaint is the present petitioner.