Kabeer Babu vs State Of Kerala

Kerala High Court

Kabeer Babu vs State Of Kerala on 23 May, 2024

Author: T.R.Ravi

Bench: T.R.Ravi

              IN THE HIGH COURT OF KERALA AT ERNAKULAM
                              PRESENT
                THE HONOURABLE MR. JUSTICE T.R.RAVI
      THURSDAY, THE 23RD DAY OF MAY 2024 / 2ND JYAISHTA, 1946
                      WP(C) NO. 13978 OF 2024
PETITIONER:

          KABEER BABU
          AGED 53 YEARS
          S/O KOYAMU, RESIDING AT POTTACHOLA HOUSE, PARAKOODU,
          VALAVANOOR P.O, VALAVANOOR, TIRUR TALUK, MALAPPURAM
          DISTRICT,, PIN - 676551

          BY ADVS.
          J.R.PREM NAVAZ
          SUMEEN S.
          MUHAMMED SWADIQ
          IRSHAD K.K.
          O.MOHAMED BASIL KOYA THANGAL



RESPONDENT:

          STATE OF KERALA
          REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT HOME
          DEPARTMENT, GOVERNMENT SECRETARIAT,
          THIRUVANANTHAPURAM,, PIN - 695001

          SRI.P.NARAYANAN. SPL. GP.




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.05.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 13978 OF 2024                   2


                              T.R. RAVI, J.
              --------------------------------------------
                     W.P.(C)No.13978 of 2024
                  --------------------------------------------
              Dated this the 23rd day of May, 2024

                             JUDGMENT

The prayer in this writ petition is for a direction to the respondent to consider and pass orders on Ext.P2. In Ext.P2, the petitioner has requested the appointment of Adv.C.Vasu as Special Prosecutor since his term has expired.

2. When the case is taken up, the Government Pleader submits that Adv.C.Babu, Addl.Government Pleader/Public Prosecutor has been appointed for conducting the case mentioned in the writ petition. I do not find any reason to direct consideration of Ext.P2 since there is already a person who is appointed to perform the duty of the Public Prosecutor.

The writ petition fails and is dismissed.

Sd/-

T.R.RAVI JUDGE LEK WP(C) NO. 13978 OF 2024 3 APPENDIX OF WP(C) 13978/2024 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE FIR IN CRIME NO: 162 OF 2016 OF KALPAKANCHERY POLICE STATION, MALAPPURAM DISTRICT Exhibit P2 THE TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 04.11.2023 BEFORE THE RESPONDENT Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 5/4/2024 Exhibit P4 THE TRUE COPY OF THE POSTAL RECEIPT OBTAINED BY THE PETITIONER DATED 5/4/2024