Kerala High Court
Rajani K.K vs State Of Kerala on 31 May, 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
FRIDAY, THE 31ST DAY OF MAY 2024 / 10TH JYAISHTA, 1946
WP(CRL.) NO. 587 OF 2024
CRIME NO.1192/2016 OF Payyannur Police Station, Kannur
SC NO.571 OF 2017 OF DISTRICT COURT & SESSIONS COURT, THALASSERY
PETITIONER :
RAJANI K.K.
AGED 48 YEARS
W/O. C.K. RAMACHANDRAN,
KUNHIKAMBRATH, ANNUR POST,
KANNUR DISTRICT, PIN - 670307
BY ADVS.
S.RAJEEV
V.VINAY
M.S.ANEER
PRERITH PHILIP JOSEPH
ANILKUMAR C.R.
K.S.KIRAN KRISHNAN
NOURIN S. FATHIMA
RESPONDENT/ STATE :
1 STATE OF KERALA
REP. BY PRINCIPAL SECRETARY (HOME),
DEPARTMENT OF HOME AFFAIRS, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM, PIN - 695010
3 SUPERINTENDENT OF POLICE
OFFICE OF THE SUPDT. OF POLICE,
KANNUR DISTRICT, PIN - 670002
4 STATION HOUSE OFFICER
PAYYANNUR POLICE STATION, KANNUR DISTRICT
(CRIME NO 1192/2016 OF PAYYANNUR POLICE STATION),
PIN - 670 307
WP(CRL.) NO. 587 OF 2024
2
SRI. NOUSHAD K. A., PUBLIC PROSECUTOR
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 31.05.2024, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
WP(CRL.) NO. 587 OF 2024
3
BECHU KURIAN THOMAS, J.
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W.P.(Crl.) No.587 of 2024
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Dated this the 31st day of May, 2024
JUDGMENT
Petitioner is the wife of one C.K.Ramachandran, who is alleged
to have been murdered on 12.07.2016, pursuant to which Crime
No.1192 of 2016 was registered. After investigation, the case was
committed to the Sessions Court where it is pending as S.C.No.571
of 2017.
2. Petitioner alleges that the murder of her husband is a
political murder as he was a BJP worker and the arrested accused
are DYFI/ CPM activists. Since petitioner is desirous of having the
trial conducted by a Special Public Prosecutor, for reasons specified,
an application was filed as Ext.P2 on 15.01.2024 before the first
respondent. The said application is still pending consideration and a
direction is sought for an expeditious consideration and disposal of
the said application.
3. I have heard Sri.S.Rajeev, the learned counsel for the
petitioner as well as Sri.Noushad K.A., the learned Public
Prosecutor.
4. The learned counsel for the petitioner contended that the
WP(CRL.) NO. 587 OF 2024
request for appointment of the Special Public Prosecutor falls clearly
within the purview of the circular issued by the Government
produced as Ext.P3 and also that the murder apparently falls within
the category of a a political murder, appointment of a Special Public
Prosecutor is essential.
5. Having considered the rival submissions, I am of the view
that this writ petition can be disposed of with a direction.
Accordingly, there will be a direction to the first respondent to
consider and pass appropriate orders on Ext.P2 application, as
expeditiously as possible, at any rate, within an outer period of six
weeks from the date of receipt of a copy of this judgment. The trial
court shall defer the trial until orders as directed above are issued
on Ext.P2.
The writ petition is disposed of as above.
Sd/-
BECHU KURIAN THOMAS, JUDGE
RKM
WP(CRL.) NO. 587 OF 2024
APPENDIX OF WP(CRL.) 587/2024
PETITIONER'S EXHIBITS :
Exhibit P1 THE TRUE COPY OF THE FINAL REPORT IN CRIME
NO.1192/2016 OF PAYYANNUR POLICE STATION
DATED 08-11-2016
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED
15-01-2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT ALONG WITH
CONSENT LETTER OF ADV.PREMARAJ
Exhibit P3 THE TRUE COPY OF 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
Exhibit P5 THE COPY OF PROCEEDINGS IN SC NO 571/2017
DATED 29/01/2024
