IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE THE CHIEF JUSTICE MR.ASHOK BHUSHAN

&

THE HONOURABLE MR.JUSTICE A.M.SHAFFIQUE

WEDNESDAY, THE 23RD DAY OF DECEMBER 2015/2ND POUSHA, 1937

WA.NO. 1367 OF 2012 () IN WP(C).29355/2011

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AGAINST THE ORDER/JUDGMENT IN WP(C) 29355/2011

OF HIGH COURT OF KERALA DATED 20-06-2012

APPELLANT(S)/APPELLANTS:

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1. KURIACHAN CHACKO

S/O.P.V.CHACKO, PALACKAL HOUSE, G-288

PANAMPILLY NAGAR, ERNAKULAM.

2. ACHAMMA CHACKO, W/O.P.V.CHACKO,

PALACKAL HOUSE, G-288, PANAMPILLY NAGAR

ERNAKULAM.

3. LINU JOY, W/O.JOY JOHN,

POWATHAIL HOUSE, ASSUMPTION CHURCH ROAD

CHANGANACHERRY.

4. P.V.CHACKO, PALAKKAL HOUSE,

KURUPPAMTHARA, KOTTAYAM.

5. RENISH C.G., S/O.GIRIRAJAN,

CHAKKALAPADAM, LFC ROAD, KALOOR

KOCHI.

6. VINOD V.LUKA, S/O.LUKA,

VALLOMPARAIL HOUSE, VADAKODU P.O., PUTHIYA ROAD

ERNAKULAM.

BY ADVS.SRI.K.RAMAKUMAR (SR.)

SRI.SAJU J PANICKER

WA.NO. 1367 OF 2012 () IN WP(C).29355/2011

RESPONDENT(S)/RESPONDENTS:

----------------------------

1. THE SECRETARY TO GOVERNMENT

HOME (C) DEPARTMENT, GOVERNMENTOF KERALA

THIRUVANANTHAPURAM - 695001.

2. SRI.BERNAD DEV,

THE ASSISTANT COMMISSIONER OF POLICE, NARCOTIC CELL

IDUKKI - 685603.

3. SRI.T.P.SEN KUMAR,

TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM - 695014.

4. SRI.S.SREEKUMAR, ADVOCATE,

NEAR ERNAKULAM TOWN NORTH POLICE STATION

KACHERIPADI, ERNAKULAM, KOCHI-682018.

5. SRI.JOSEPH SAJU

ASSISTANT COMMISSIONER OF POLICE, NARCOTIC CELL

ERNAKULAM - 682024.

R1 BY SHRI T.ASAF ALI, DIRECTOR GENERAL OF PROSECUTION

BY SENIOR GOVERNMENT PLEADER SHRI KOCHUMOL KODUVATH

R3 BY ADV. SRI.K.R.RADHAKRISHNAN NAIR

R4 BY ADV. SRI.P.MARTIN JOSE

R4 BY ADV. SRI.P.PRIJITH

THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25.11.2015,

THE COURT ON 23-12-2015 DELIVERED THE FOLLOWING:

“C.R.”

ASHOK BHUSHAN, C.J.

and

A.M. SHAFFIQUE, J.

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W.A. No.1367 of 2012

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Dated this the 23^rd day of December, 2015

J U D G M E N T

Ashok Bhushan, C.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 4^th

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 5^th 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

W.A. No. 1367 of 2012

-: 2 :-

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 Prize 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 time

was working as Inspector General of Police, South Zone,

Thiruvananthapuram.

Petitioners had filed W.P(C)

No.12775 of 2006 for quashing the FIR which prayer was

refused by judgment dated 05.07.2006 of this Court

reported in Achamma Chacko v. Government of Kerala

(2007 [2] KLT

SN 68 [Case No.91]). Petitioners again

brought Crl.R.P. No.4126 of 2006 to get discharge of the

offences levelled against them attributing mala