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1994 Supreme(Ker) 88

K.T.THOMAS
Susey Jose – Appellant
Versus
G. Janardhana Kurup – Respondent


Judgment :-

First respondent was appointed as Special Public Prosecutor for conducting prosecution in a murder case in the Sessions Court. But when the trial in the Sessions Court was in full swing, Government rescinded his appointment as per G.O. dated 18-7-91 (Ext. P-3). Within a fortnight, Government directed an Assistant Public Prosecutor (for short 'the APP') to conduct prosecution in the said case (Ext. P-6). The widow of the deceased in the murder case now challenges Exts. P-3 and P-6 and prays for quashing them and also to issue necessary directions in the matter. (Ext. P-4) is also sought to be quashed which is substantially the same as Ext. P-3 and hence the former cannot remain alive if the latter is struck down).

2. The murder case relates to the death of a person in police custody on 12-11-85. There was public agitation for entrusting the investigation to a more specialised agency than the local police. Government, therefore, ordered the Crime Branch wing of the police to take up investigation. Eventually, the case was charge sheeted against five police personnel - on Sub-Inspector, one Assistant Sub-Inspector, one Head Constable and two Constables. (They are arrayed a


























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