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2025 DAILYLAW 6838 (KER)

BABY M.C v. STATE OF KERALA

WP(Crl.)/432/2025 · 2025-04-11

Kauser Edappagath

Writ Petition (Criminal)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

W.P.(Crl) No.432/2025 1 2025:KER:31790 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(CRL.) NO. 432 OF 2025 PETITIONER: BABY M.C, AGED 53 YEARS, W/O. SANTHOSH KUMAR KRISHNALAYAM DHARMADAM MEETHALEPEEDIKA, PAREEKKADAV KANNUR DISTRICT -, PIN - 682003 BY ADVS.S.RAJEEV V.VINAY, M.S.ANEER ANILKUMAR C.R., K.S.KIRAN KRISHNAN SARATH K.P., DIPA V. RESPONDENT/STATE: 1 STATE OF KERALA REP. BY PRINCIPAL SECRETARY (HOME), DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 STATE POLICE CHIEF POLICE HEADQUARTERS, VAZHUTHACAUD, THIRUVANANTHAPURAM –, PIN - 695010 3 SUPERINTENDENT OF POLICE OFFICE OF THE SUPERINTENDENT OF POLICE, KANNUR DISTRICT –, PIN - 670002 4 STATION HOUSE OFFICER, DHARMADAM POLICE STATION, KANNUR DISTRICT -, PIN - 670106 SRI.M.P. PRASANTH, PP THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(Crl) No.432/2025 2 2025:KER:31790 JUDGMENT The petitioner who is the victim in S.C.No.792/2017 pending on the files of the Additional District and Sessions Court- I, Thalassery (for short the trial court) filed Ext.P2 representation before the 1st respondent for appointment of a Special Public Prosecutor. 2. I have heard both sides. I have called for a report from the trial court. The report would show that the case had been scheduled for trial from 3.2.2025 to 24.2.2025. Already 14 witnesses were examined. Now the case has been scheduled on 9.5.2025 and 12.5.2025 to 15.5.2025 for examination of some more witnesses. Ext.P2 was filed in the month of January, 2025. The 1st respondent is directed to take a decision on Ext.P2 as expeditiously as possible, taking into account the fact that the case is scheduled for trial for the examination of witnesses from 9.5.2025. The writ petition is disposed of. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp W.P.(Crl) No.432/2025 3 2025:KER:31790 APPENDIX OF WP(CRL.) 432/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.61/2017 OF DHARMADAM POLICE STATION Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 15-01-2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH CONSENT LETTER OF ADV.P. PREMARAJAN Exhibit P3 THE TRUE COPY OF CIRCULAR NO.264/CA/2017/HOME DATED 18.09.2017 ISSUED BY THE 1ST RESPONDENT Exhibit P4 THE TRUE COPY OF THE ORDER NO. G.O.(RT) NO.1034/2017/HOME DATED 25.04.2017 OF THE 1ST RESPONDENT Exhibit P5 THE TRUE COPY OF THE ORDER NO. G.O.(RT) NO.1413/2024/HOME DATED 20.05.2024 OF THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE ORDER NO. G.O.(RT) NO.1457/2021/HOME DATED 24.05.2021 OF THE 1ST RESPONDENT Exhibit P7 16. THE LIST OF CASES IN WHICH SPECIAL PUBLIC PROSECUTORS WERE APPOINTED IN WHICH THE CPM ACTIVIST WERE VICTIMS AND THE RSS/BJP ACTIVIST WERE ACCUSED