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1998 Supreme(Ker) 511

A.R.LAKSHMANAN, K.NARAYANA KURUP
R. Balakrishna Pillai – Appellant
Versus
State Of Kerala – Respondent


Judgment :-

AR. LAKSHMANAN, J.

Heard Mr. T. V. Prabhakaran and Mr. T. Ravikumar for the appellant; Mr. P. Gopalakrishnan Nair for the first respondent and Mr. Antony Dominic for the third respondent.

2. This Writ Appeal is directed against the judgment of C. S. Rajan, J. in OP 7862 of 1998 dated 15-6-1998 dismissing the Original Petition filed by the appellant to quash Ext. P1 authorising Mr. Kallada Sukumaran, Director General of Prosecution (third respondent herein) as Special Public Prosecutor to conduct the prosecution in the Court of Special Judge at Ernakulam in the cases charged in connection with Crime No. 455/Cr/88 investigated into and charge-sheeted by the Special Squad for Idamalayar Investigation, Trivandrum. The said appointment was made by the Government of Kerala in exercise of the powers conferred by sub-section (8) of Section 24 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') and in supersession of the Notification No. 18-507/SSA2/97/Home dated 15-4-1997. The reason for quashing Ext. P1 has been stated as bitter animosity of Mr. Kallada Sukumaran against the appellant, Mr. R. Balakrishna Pillai, a former Minister under the Governmen




















































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