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1991 Supreme(Ker) 379

SANKARAN NAIR
Aboobaker – Appellant
Versus
M. Ratna Singh – Respondent


Judgment :-

Petitioner seeks to quash the appointment of third respondent as Director General of Public Prosecutions. A writ of 'mandamus' to appoint another Special Prosecutor in the place of third respondent to conduct S.C.10/91 on the file of the Court of Session, Manjeri is also sought. By an amendment to the writ petition, a writ of quo warranto is sought to call upon third respondent to show his title to hold the office of the Director General of Public Prosecutions, D.G.P.P. for short.

2. Petitioner is the accused in S.C.10/91 on the file of the Court of Session, Manjeri Division. Petitioner stands trial for offences under Ss.302, 450 & 376 read with S.511 IPC, in that he is alleged to have trespassed into the house of deceased Sujatha, attempted to commit rape on her and caused her death during the course of the same transaction at or about 5 p.m. on 2-9-1985, The case was investigated by the State Police and later by the Central Bureau of Investigation, pursuant to the direction issued by this court in O.P.10677/87. Third respondent was appointed Special Prosecutor, to conduct the prosecution. While functioning as Special Prosecutor, third respondent was appointed Public Pr





















































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