Kerala High Court
P.M.Padmini vs State Of Kerala on 6 February, 2024
Author: Bechu Kurian Thomas
Bench: Bechu Kurian Thomas
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE BECHU KURIAN THOMAS
TUESDAY, THE 6TH DAY OF FEBRUARY 2024 / 17TH MAGHA, 1945
WP(CRL.) NO. 132 OF 2024
CRIME NO.151/2016 OF MUZHAKKUNNU POLICE STATION, KANNUR
AGAINST THE ORDER/JUDGMENT SC 565/2017 OF DISTRICT COURT &
SESSIONS COURT,THALASSERY
PETITIONER :
P.M.PADMINI, AGED 64 YEARS
W/O P.P. VASU, PANNYODAN HOUSE,
PULLIPOYIL THILLANKERY P.O.,
KANNUR DISTRICT, PIN - 670 702.
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
RESPONDENTS:
1 STATE OF KERALA
REP. BY ADDITIONAL CHIEF SECRETARY (PRINCIPAL
SECRETARY), DEPARTMENT OF HOME AFFAIRS,
SECRETARIAT, THIRUVANANTHAPURAM - 695 001.
2 STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, KERALA, PIN - 695 010.
3 SUPERINTENDENT OF POLICE
OFFICE OF THE SUPDT. OF POLICE,
KANNUR DISTRICT. KANNUR, PIN - 670 002.
4 STATION HOUSE OFFICER
MUZHAKKUNNU POLICE STATION,
KANNUR DISTRICT, (CRIME NO 151/2016 OF MUZHAKKUNNU
POLICE STATION, PIN - 670662
SRI. M.C. ASHI (GP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR ADMISSION ON
06.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(CRL.) 132/2024
2
BECHU KURIAN THOMAS, J
......................................................
W.P.(Crl).No.132 of 2024
...................................................
Dated this the 6th day of February, 2024
JUDGMENT
Petitioner is the mother of the deceased in Crime No.151/2016
of Muzhakkunnu Police Station, which is now pending as
S.C.No.565/2017 before the Sessions Court, Thalassery.
According to the petitioner, the crime is alleged to have
occurred as a result of a political rivalry, and therefore, a
Special Public Prosecutor is required to be appointed. She has
already obtained the consent of Adv.P.Premarajan. Seeking the
appointment of a Special Public Prosecutor, petitioner has
preferred Ext.P2 representation before the Government, which is
pending consideration.
2. Having heard Sri.S.Rajeev, the learned counsel for the
petitioner, as well as Sri.Ashi M.C., the learned Government
Pleader, I am of the view that this writ petition can be
disposed of with a direction.
WP(CRL.) 132/2024
3. Since Ext.P2 representation for appointment of a Special Public
Prosecutor in S.C.No.565/2017 on the files of the Sessions
Court, Thalassery, is pending consideration, there will be a
direction to the first respondent to consider and pass
appropriate orders on Ext.P2, within a period of 45 days from
the date of receipt of a certified copy of this judgment.
4. Since the case is ripe for trial, it is necessary that the first
respondent consider and pass the order without further delay.
The writ petition is disposed of.
sd/-
BECHU KURIAN THOMAS
JUDGE
AMV/06/02/2024
WP(CRL.) 132/2024
APPENDIX OF WP(CRL.) 132/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE FINAL REPORT IN
CRIME NO.151/2016 OF MUZHAKKUNNU POLICE
STATION.
EXHIBIT P2 THE TRUE COPY OF THE REPRESENTATION
DATED 20.01.2024 SUBMITTED BY THE
PETITIONER BEFORE THE 1ST RESPONDENT
ALONG WITH CONSENT LETTER OF ADV.
PREMARAJAN.
EXHIBIT P3 THE TRUE COPY OF THE CIRCULAR
NO.264/CA/2017/HOME DATED 18.09.2017
ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P4 THE TRUE COPY OF THE ORDER NO.G.O (RT)
NO.1034/2017/HOME DATED 25.04.2017 OF
THE 1ST RESPONDENT.
TRUE COPY
