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2015 Supreme(Ker) 1334

Kuriachan Chacko – Appellant
Versus
Secretary of Government, Home (C) Department, Thiruvananthapuram – Respondent


Advocates:
Advocate Appeared:
For the Appellants : K. Ramakumar, Saju J. Panicker
For the Respondents: T. Asaf Ali, Kochumol Koduvath, K.R. Radhakrishnan Nair, P. Martin Jose, P. Prijith

JUDGMENT :

Ashok Bhushan, J.

This Writ Appeal has been filed against the judgment and order dated 20.06.2012 in W.P(C) No.29355 of 2011 by which judgment, the Writ Petition filed by the appellants challenging the appointment of the 4th respondent as Special Public Prosecutor to conduct a criminal case in which they are accused has been dismissed.

2. In the Writ Petition counter affidavit was filed by the 5th respondent, Assistant Commissioner of Police, Ernakulam. Affidavit dated 27.05.2015 by the appellants has also been filed in this appeal bringing certain documents on record. Aggrieved by the dismissal of the Writ Petition, this Writ Appeal has been filed by the petitioners.

3. Brief facts of the case as emerged from the materials on record are as follows: Petitioners are accused in Crime No.672 of 2006 which is now pending trial before the learned Additional Chief Judicial Magistrate, Ernakulam as C.C. No.850 of 2011. Petitioners have been charged under Sections 3, 4 and 5 of the Prise Chits and Money Circulation Scheme (Banning) Act, 1978 along with Section 420 of the Indian Penal Code. The Crime was registered on the directions issued by the third respondent who at the relevant


























































































































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