PEETHAMBARAN Vs. JAYAPRAKASH

JUDGEMENT

(1.) The petitioners are accused 1, 3 and 4 in a complaint filed by the first respondent before the Enquiry Commissioner and Special Judge, Trichur. The complaint was filed by the first respondent making allegations against five accused persons, including the petitioners herein. The learned Special Judge, on receipt of the complaint, forwarded the same to the Director, Vigilance and Anti Corruption Bureau, Trivandrum for enquiry and report. The enquiry has not commeced. The report has not been filed. But the petitioners have rushed to this Court with a prayer that the proceedings initiated against them by the first respondent may be quashed.

(2.) The report of the Enquiry Commissioner and Special Judge was called for. The learned Judge has forwarded the complaint received and the order passed by him in C.M.P. 1077 OF 2006. It reads as follows:

(3.) The learned Prosecutor was directed to take instructions. The learned Prosecutor submits that while it is true that the order in C.M.P. 1077 of 2006 has been communicated to the Director, Vigilance and Anti Corruption Bureau, the enquiry has not commenced nor has any crime been registered. In accordance with law, the complaint shall be considered and only if there is an allegation of substance of the petitioners having committed any offence, will appropriate further action be taken. It is premature for the petitioners to approach this Court at this stage. The learned Special Judge has carefully insisted that the complaint is not being forwarded for registration of a crime and investigation. The complaint has been forwarded only "for enquiry and report."