Kerala High Court
K.Mohanan vs State Of Kerala on 6 January, 2025
Author: Kauser Edappagath
Bench: Kauser Edappagath
W.P.(Crl.) No. 1421 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
MONDAY, THE 6TH DAY OF JANUARY 2025 / 16TH POUSHA, 1946
WP(CRL.) NO. 1421 OF 2024
CRIME NO.127/2008 OF VANCHIYOOR POLICE STATION,
THIRUVANANTHAPURAM
PETITIONER:
K.MOHANAN
AGED 58 YEARS, S/O KRISHNANKUTTY,
TC 28/297, SEEVELLI NAGAR,
SREEKANTESWARAM, PETTAH P O,
THIRUVANANTHAPURAM, PIN - 695024
Y ADV SUVIN.R.MENON
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY,
DEPARTMENT OF HOME, GOVERNMENT OF KERALA,
ROOM NO.357 MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 ADDITIONAL CHIEF SECRETARY
DEPARTMENT OF HOME, GOVERNMENT OF KERALA,
ROOM NO.357 MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
3 UNDER SECRETARY TO GOVERNMENT
DEPARTMENT OF HOME, GOVERNMENT OF KERALA,
ROOM NO.357 MAIN BLOCK, SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
4 STATION HOUSE OFFICER
W.P.(Crl.) No. 1421 of 2024
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VANCHIYOOR POLICE STATION,
VANCHIYOOR RD, VANCHIYOOR,
THIRUVANANTHAPURAM, PIN - 695035
SREEJA V., SR. PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 06.01.2025, THE COURT ON THE SAME DAY DELIVERED
THE FOLLOWING:
W.P.(Crl.) No. 1421 of 2024
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JUDGMENT
The petitioner is the defacto complainant and also the
victim in Crime No.127 of 2008 of Vanchiyoor Police Station,
Thiruvananthapuram, which is now pending before the
Additional Assistant Sessions Court-II, Thiruvananthapuram as
S.C.No.1038 of 2013.
2. The offences alleged against the accused are
punishable under Sections 143, 147, 148, 149, 452, 341, 324
and 307 of IPC. Ext.P1 is the FIR and Ext.P2 is the final report.
The case of the prosecution as revealed from the final report is
that the accused Nos. 1 to 8 formed an unlawful assembly
armed with deadly weapons with the intention to kill the
petitioner who was in-charge of an orphanage which was run by
R.S.S., trespassed into the said orphanage on 19/04/2008 at
12.00 p.m., brutally assaulted him with deadly weapons such
as sword etc.and thereby committed the offences.
3. The petitioner preferred Ext.P4 application before the
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respondent No.1 requesting to appoint a Special Public
Prosecutor to prosecute the case. The respondent No.3 rejected
Ext.P4 application as per Ext.P5 order. This writ petition has
been filed challenging Ext.P5 order.
4. I have heard both sides.
5. The learned counsel for the petitioner Sri.Suvin
R.Menon submitted that Ext.P5 order is a non speaking one and
no reason has been assigned to reject Ext.P4 application. The
learned counsel further submitted that the case squarely falls
within Ext.P6 guideline issued by the Government of Kerala
with regard to the appointment of Special Public Prosecutor.
The learned counsel further submitted that no opportunity of
hearing was given to the petitioner before issuing Ext.P5. Per
contra, the learned Public Prosecutor Smt.V.Sreeja submitted
that the case does not fall within any of the provisions of Ext.P6
circular and hence the respondent No.3 has rightly rejected
Ext.P4 application as per Ext.P5.
6. A perusal of Ext.P2 final report would show that the
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petitioner belongs to RSS and the accused belonged to CPI(M).
There was political rivalry between the petitioner and the
accused. The alleged offence was taken place inside the
orphanage where the petitioner was in-charge.
7. The learned counsel for the petitioner submitted that
the allegations in the FIR and the final report would show that
the crime is gruesome in character shocking the collective
conscience of the community at large. The learned counsel for
the petitioner pointed out that the case falls squarely under
Clauses 3(b)(i), 3(b)(iv) and 3(b)(vii) of Ext.P6 circular. A
reading of Ext.P5 would show that the respondent No.3 while
rejecting Ext.P4 application, did not take into account any of
the contentions of the petitioner. Ext.P5 is not a speaking one.
No reason has been assigned to reject Ext.P4 application. In
Ext.P5, the respondent No.3 simply stated that the case does
not fall within Ext.P6. The respondent No.3 is bound to take
into account all the contentions of the petitioner and to arrive
at a positive finding whether a Special Public Prosecutor is to be
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appointed or not. Hence, Ext.P5 order is not sustainable.
Accordingly, it is set aside. The respondent No.3 is directed to
re-consider Ext.P4 application in accordance with law and
taking into account Clauses 3(b)(i), 3(b)(iv) and 3(b)(vii) of
Ext.P6 Circular. The respondent No.3 shall take a decision
within one month from the date of receipt of a copy of this
judgment. Till such a decision is taken, the trial court is
directed not to schedule the case for trial.
The writ petition is disposed of as above.
Sd/-
DR. KAUSER EDAPPAGATH
JUDGE
APA
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APPENDIX OF WP(CRL.) 1421/2024
PETITIONER EXHIBITS
EXHIBIT P1 THE TRUE COPY OF THE FIR IN CRIME NO. 127 OF
2008 ON THE FILES OF THE VANCHIYOOR POLICE
STATION ALONG WITH THE FIRST INFORMATION
STATEMENT DATED 19.04.2008
EXHIBIT P2 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.
CRIME NO. 127 OF 2008 ON THE FILES OF THE
VANCHIYOOR POLICE STATION, FILED BEFORE THE
ADDITIONAL CHIEF JUDICIAL MAGISTRATE COURT,
THIRUVANANTHAPURAM DATED 26.12.2011
EXHIBIT P3 THE TRUE COPY OF THE REPORT DATED 20.07.2010
FORWARDED BY THE DIRECTOR OF THE FORENSIC
SCIENCE LABORATORY TO THE ADDITIONAL CHIEF
JUDICIAL MAGISTRATE, THIRUVANANTHAPURAM
EXHIBIT P4 THE TRUE COPY OF THE APPLICATION DATED
16.03.2024 FILED BY THE PETITIONER BEFORE THE
HOME SECRETARY OF THE GOVERNMENT OF KERALA
EXHIBIT P5 THE TRUE COPY OF THE ORDER DATED 06.05.2024
ISSUED BY THE UNDER SECRETARY TO THE GOVERNMENT
OF KERALA
EXHIBIT P6 THE TRUE COPY OF THE CIRCULAR NO.
264/C4/2017/HOME DATED 18.09.2017 ISSUED BY THE
HOME (C) DEPARTMENT, GOVERNMENT OF KERALA
EXHIBIT P7 THE TRUE COPY OF THE REPORT DATED 28.08.2024,
PUBLISHED IN THE MANORAMA NEWS ONLINE PORTAL, A
PORTAL OF MANORAMA NEWS DAILY
EXHIBIT P8 THE TRUE COPY OF THE DAILY STATUS DATED
16.12.2024 OF THE S.C NO. 1038 OF 2013 ON THE
FILES OF THE COURT OF ADDITIONAL ASSISTANT
SESSIONS JUDGE -II, THIRUVANANTHAPURAM,
DOWNLOADED FROM THE OFFICIAL WEBSITE OF THE E-
COURT SERVICES
