K. G. VINOD Vs. STATE OF KERALA

JUDGEMENT

(1.) As per a private complaint registered as CMP 193 of 2001 before the Enquiry Commissioner and Special Judge, Thrissur, revision petitioner sought the prosecution of respondents 3 and 4 herein who are the President and Secretary of the Irinjalakkuda Cooperative Bank for offences under S.13(1)(d) and punishable under S.13(2) of the Prevention of Corruption Act, 1988 read with S.120B IPC. The complaint was forwarded to the Vigilance Police under S.156(3) CrPC. After investigation, the 2nd respondent Dy. S.P., Vigilance and Anti Corruption Bureau, Thrissur filed a refer report dated 05/03/2006 before the Special Judge who dropped the proceedings accepting the said report. It is the said order which is assailed in this revision.

(2.) The grievance of the revision petitioner is that neither the police nor the Court had given notice to the revision petitioner / complainant before dropping the proceedings.

(3.) After hearing the learned counsel for the revision petitioner and the learned Public Prosecutor I ascertained from the Special Court as to whether notice was given to the complainant / revision petitioner before the proceedings were dropped and it was informed that no notice was given to the complainant. If so, this order passed by the Special Court, on 25/03/2006 dropping the proceedings cannot be sustained. Under S.173(ii) it was obligatory for the investigating officer also to communicate to the first informant the action taken under S.173 CrPC. That has not been done in this case. That apart, the Court also was bound to give notice under R.6 read with Form 32 of the Criminal Rules of Practice, Kerala to the de facto complainant before accepting the refer report. That also was not done. Hence, the order passed by the Special Court accepting the refer report and dropping of the proceedings cannot be sustained in the light of the decisions reported in G. Rajesh v. Officer In Charge, Aluva, 2005 KHC 2080 : 2006 (1) KLT SN 4 : 2005 (2) KLD Crl. 475, K. Muralidharan v. State of Kerala and Others, 2006 KHC 1518 : 2006 (3) KLJ 605 : ILR 2006 (4) Kerala 512, Union Public Service Commission v. S. Papaiah and Others, 1997 KHC 1064 : 1997 SCC (Cri) 1112 : AIR 1997 SC 3876 : 1997 (7) SCC 614 Gangadhar Janardan Mhatre v. State of Maharashtra and Others, 2004 KHC 1354 : 2004 (3) KLT SN 107 : AIR 2004 SC 4753 : 2004 (7) SCC 768 Minu Kumari and Another v. State of Bihar and Others, 2006 KHC 584 : ILR 2006 (2) Ker. 479 : 2006 (2) KLT 588 : AIR 2006 SC 1937 : JT 2006 (4) SC 569 : 2006 (2) SCC (Cri) 310 : 2006 CriLJ 2468 : 2006 (3) Guj LR 2013 : 2006 (4) SCC 359 . The impugned order is, accordingly, set aside and the matter is remanded to the Court below for a disposal afresh after giving the revision petitioner also an opportunity of being heard.