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2012 Supreme(Ker) 445

S.S.SATHEESACHANDRAN
Kuriachan Chacko, Ernakulam – Appellant
Versus
Secretary to Government, Home(c) Department, Thiruvananthapuram – Respondent


Advocates Appeared:
For the Petitioners:K. Ramakumar (Sr.), Saju J. Panicker, N.R. Sangheetharaj, Advocates. For the Respondents: Asaf Ali, Director General of Prosecution.

Judgment:

1. Petitioners are the accused in a crime, in which after investigation charge was laid against them under Section 3, 4 and 5 of the Prize Chits and Money Circulation Scheme (Banning) Act, 1978 (for short “the Act”) and Section 420 of the Indian Penal Code. The case is now pending trial, with evidence partly recorded. Ext.P7(2) order passed by the Government appointing 4th respondent as Special Public Prosecutor in the case is challenged, and the writ petition is to quash the same. a declaration that 4th respondent is ineligible to be considered for appointment as Special Public Prosecutor, and also forbearing the implementation of Ext.P7(2) order and handing over the records of the case to 4th respondent are also canvassed for.

2. According to the petitioners/accused the crime was registered against them on the direction of the 3rd respondent, who was previously the Inspector General of Police, South zone, Thiruvananthapuram. While the trial of the case proceeded and after a good number of witnesses were examined, under the instigation and influence of the 3rd respondent, Ext.P7(2) order has been passed to appoint 4th respondent as Special Public Prosecutor. The 3rd respo

























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