T.G.NANDAKUMAR Vs STATE OF KERALA .
Bench: H.L. DATTU,DIPAK MISRA
Case number: Crl.A. No.-000921-000921 / 2013
Diary number: 16602 / 2012
Advocates: AMARJIT SINGH BEDI Vs
M. T. GEORGE
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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.
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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.
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The appeal is disposed of accordingly.
Ordered accordingly.
...................J. (H.L. DATTU)
...................J. (DIPAK MISRA)
NEW DELHI; JULY 12, 2013