Page 1

1

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 921   OF 2013 (@ SPECIAL LEAVE PETITION (CRL.) NO.3991 OF 2012)

T. G. NANDAKUMAR   ... APPELLANT(S)

VERSUS

STATE OF KERALA & ORS.   ... RESPONDENT(S)

O R D E R

1. Leave granted.

2. The appellant herein had filed petition under Section 482  

Criminal Procedure Code (in short the ‘Cr.P.C.’) before the High  

Court to quash the F.I.R. No. 437/CR/OCW-II/EKM, dated 05.07.2010.

3. While entertaining the petition, the High Court initially  

had  granted  an  interim  order  and  stayed  all  further  proceedings  

pending before the learned Magistrate.

4. When the matter was again listed before the High Court on  

08.05.2012, High Court on the statement made by the Director General  

of Prosecution that the Government has already issued a Notification  

entrusting the investigation to the Central Bureau of Investigation  

(the 'C.B.I.' for short) has not extended the interim order granted  

earlier. Aggrieved by the same, the appellant is before us in this  

appeal, by Special Leave.

Page 2

2

5. Shri  Siddharth  Luthra,  learned  Additional  Solicitor  

General, appearing for the C.B.I. would submit that since the case  

being simple in nature does not require the expertise of the C.B.I.  

He further submits that the C.B.I. is not inclined to investigate  

the case that is pending against the appellant.  In support of that  

submission, the learned Additional Solicitor General has produced a  

letter  before  us  addressed  to  him  by  the  C.B.I.,  Special  Crime  

Branch, Thiruvananthapuram, dated 12.07.2013.  The same is taken on  

record.   

6. Since the learned Judge had not extended the interim order  

only on the ground that the matter has been entrusted to the C.B.I.  

and now that the C.B.I. is not interested to investigate the matter,  

in our opinion, the interim order granted by the High Court required  

to  be  extended  till  the  petition  filed  by  the  petitioner  under  

Section 482 Cr.P.C. is decided on merits.

7. Accordingly, while extending the interim order granted by  

the  High Court  on 04.05.2012,  we now  request the  High Court  to  

decide  the  petition  filed  by  the  petitioner  under  Section  482  

Cr.P.C.  on  merits  in  accordance  with  law.  Till  such  time,  the  

interim order granted by this Court shall enure to the benefit of  

the appellant.

No orders on the application for intervention.  

Page 3

3

The appeal is disposed of accordingly.

Ordered accordingly.    

...................J. (H.L. DATTU)

...................J. (DIPAK MISRA)

NEW DELHI; JULY 12, 2013