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2013 Supreme(Ker) 70

P.R.RAMACHANDRA MENON
P. Jigesh – Appellant
Versus
State of Kerala Rep. by Principal Secretary to Government Home Department – Respondent


Advocates Appeared:
For the Petitioners:P. Narayanan, Advocate.
For the Respondents: R1, Asif Ali, Director General of Prosecution, R2, K. Ramkumar, Sr. Government Pleader.

Judgment :

1. Appointment of the second respondent as the Special Public Prosecutor to conduct the prosecution of the case relating to Crime No.433 of 2012 of the Vadakara Police Station (otherwise known a T.P. Chandrasekharan case) and Crime No.233 of 2012 of the Chombala Police Station, Kozhikode and other auxiliary proceedings including the bail application before this Court and lower courts, is the subject matter of challenge. The main grounds of challenge are; absence of public interest, absence of any consultation in view of the mandate under Section 25A of the Cr.P.C; non satisfaction of the course and proceedings stipulated under sub-sections (4) and (5) of Section 24 Cr.P.C. and the non-desirability or suitability of the 2nd respondent, to be appointed as Special Public Prosecutor .

2. The first petitioner is the 50th accused in Crime No.433 of 2012 of Vadakara Police Station, which stands committed for trial to the Sessions Court and is pending before the Addl. Sessions Judge (Marad cases), Kozhikode as SC. 867 of 2012. The second petitioner is a person, who was an aspirant to the post of Clerk in the Kasaragod District Co-operative Bank in the selection conducted in the y








































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