COMMEN KOSHY Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner entered service in the police department as Sub Inspector in 1962. He was promoted as Circle Inspector in 1970. In 1976 he became Deputy Superintendent of Police. He was awarded senior grade in the cadre of Deputy Superintendent of Police in 1987. Against him a First Information Report was filed before the Chief Judicial Magistrate's Court Ernakulam, a copy of which is marked as Annexure-D. The F.I.R. dated 22-4-1983 makes mention of offence under S.420 IPC and S.12(1)(b) of the Indian Passport Act, 1967, hereinafter referred to as 'the Act'. The case is being investigated by the Crime Branch C.I.D., Trivandrum as crime 216/CR/83. Evenafter the lapse of more than six years, no final report has been filed before court. On account of the long pendency of this proceeding, petitioner alleges that his future prospects in service are doomed. He, therefore, prays for quashing the complaint on various grounds.

(2.) Learned Public Prosecutor seriously opposes this application. He made available to court the entire case diary relating to the case registered against the petitioner. The Superintendent of Police, Crime Branch C.I.D., Head Quarters, Trivandrum, has filed a counter affidavit opposing the petitioner's application. In the counter affidavit explanation is given for non completion of the investigation till date. For a proper understanding of it, I read the same:

(3.) The main offence alleged against the petitioner are those under S.420 IPC and under S.12(l)(b) of the Act. S.12(l)(b) of the Act states: