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2024 Supreme(Ker) 556

A. BADHARUDEEN
..... – Appellant
Versus
Union of India, through the Cabinet Secretary, New Delhi – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: P.V. Jeevesh.
For the Respondents: Sreelal N. Warriar, Grashious Kuriakose, Renjit George.

JUDGMENT :

A. BADHARUDEEN, J.

1. This Writ Petition (Criminal) has been filed under Article 226 of the Constitution of India and the prayers are as under:

    “1. Issue a writ of mandamus or any other writ directing the 1st, 2nd, 3rd and 5th respondents to take decisions on exhibits P2, P3, P4 and P6 representations, seeking appointment of the public prosecutor, in a time-bound manner.

2. Call for all the records lead to exhibit P6, issue a writ of certiorari, and quash the same.

3. Issue an appropriate writ to the respondents 1 to 7 to withdraw exhibit P7 order of appointment, published in Gazette notification, dated 2.11.2022.

4. To issue any other appropriate writ, order or direction as this Hon'ble Court may deem fit in the appropriate stage.”

2. Heard the learned counsel for the petitioner, the learned Additional Director General of Prosecution and the learned Senior Counsel appearing for the Central Bureau of Investigation (CBI).

3. It is submitted by the learned Senior counsel for the CBI that, as per Sections 2 and 3 of the Delhi Special Police Establishment Act, 1946, CBI was entrusted with investigation of this crime and the investigation started and final report filed arraying accus

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