P MOIDEENKUTTY Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) The grievance of the petitioner is that the first respondent is not initiating proper proceedings under Chapter X-B of the Cr.P.C. Notice is given. The learned Prosecutor has entered appearance on behalf of the first respondent. A statement has been filed by the first respondent.

(2.) The statement of the first respondent reveals clearly that a complaint has been received from the petitioner soliciting action under Chapter X-B of Cr.P.C. Though the complaint was received as early as on 23.1.2006, the enquiry prior to the conditional order is still in progress, it is reported. The first respondent must note that he has to decide whether a conditional order under Section 133 Cr.P.C. deserves to be passed or not. Such an order will only give rise to proceedings under Section 133 Cr.P.C. (Chapter X-B). It is not a final order that he is expected to pass. He is expected only to take the decision whether a conditional order under Section 133 Cr.P.C. deserves to be passed or not.

(3.) The long delay in taking that crucial decision has got to be deprecated. However, I take note of the undertaking in the statement filed by the first respondent that a decision in the matter shall be taken expeditiously. I am satisfied that this Writ Petition can, in these circumstances, be allowed and appropriate directions can be issued.