Kerala High Court
C.P.Muhammed vs State Of Kerala, Rep.By Addl.Chief ... on 4 June, 2025
Author: P.V. Kunhikrishnan
Bench: P.V.Kunhikrishnan
2025:KER:39148
WP(CRL.) NO. 480 OF 2025
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
WEDNESDAY, THE 4TH DAY OF JUNE 2025 / 14TH JYAISHTA, 1947
WP(CRL.) NO. 480 OF 2025
CRIME NO.202/2018 OF Mattannur Police Station, Kannur
AGAINST THE ORDER/JUDGMENT DATED IN SC NO.596 OF 2018
OF ADDITIONAL DISTRICT COURT & SESSIONS COURT - III,
THALASSERY
PETITIONERS/PETITIONERS:
1 C.P.MUHAMMED
AGED 61 YEARS
S/O.ASSAINAR,SCHOOL PARAMBATH HOUSE,POST
EDAYANNOOR, KANNUR DISTRICT., PIN - 670595
2 S.P.RASIYA
AGED 53 YEARS
W/O.C.P.MUHAMMED, SCHOOL PARAMBATH HOUSE,POST
EDAYANNOOR,KANNUR DISTRICT., PIN - 670595
3 RIYAS.K
AGED 47 YEARS
S/O.MOHAMMED,RIYAS MANZIL,KEEZHALLOOR AMSOM POST
EDAYANNOOR,KANNUR DISTRICT, PIN - 670595
4 NOUSHAD .E
AGED 47 YEARS
S/O.AVARAN KUTTY, SAHARA MANZIL,KEEZHALLUR,POST
EDAYANNUR,KANNUR DISTRICT,KERALA, PIN - 670595
BY ADVS.SRI.T.ASAFALI
SMT.LALIZA.T.Y.
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WP(CRL.) NO. 480 OF 2025
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RESPONDENTS/RESPONDENTS/STATE/COMPLAINANT:
1 STATE OF KERALA, REP.BY ADDL.CHIEF
SECRETARY(HOME),
GOVERNMENT OF
KERALA,SECRETARIAT,THIRUVANANTHAPURAM, PIN -
695001
2 STATION HOUSE OFFICER,
MATTANUR POLICE STATION,POST MATTANUR, KANNUR
DISTRICT., PIN - 670702
OTHER PRESENT:
C K SURESH SR PP( FOR ADGP)
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 04.06.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WP(CRL.) NO. 480 OF 2025
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P.V. KUNHIKRISHNAN, J.
--------------------------------
W.P.(Crl.).No.480 of 2025
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Dated this the 04th day of June, 2025
JUDGMENT
This writ petition is filed with following prayers:
i. to call for the records relating to Exhibit P3
representation now pending consideration of the 1st
respondent and issue and Writ of Mandamus or any
other Writ or order directing the 1st Respondent to
Issue appropriate orders thereon appointing
Mr.K.Padmanabhan, Advocate, Hosdurg, Kasargod
Dist. as Special Public Prosecutor pursuant to
Ext.P3 representation and Ext.P4 consent Letter to
conduct the prosecution of the case SC
No.596/2018 on the file of the Court of Additional
Sessions Judge No.III, Thalasserry within the time
frame fixed by this Hon'ble Court;
ii. To issue a Writ of Certiorari or any other Writ or
order setting aside Ext.P5 order dated 4 th April
2025 issued by the Court of Additional Sessions
Judge No.III, Thalasserry.
iii. Direct the Court of Additional Sessions Judge No.III
Thalasserry to adjourn the trial of SC No.596/2018
until any order is issued by the 1 st Respondent on
Ext.P3 representation appointing
Mr.M.Padmanabhan, Advocate, Hosdurg, Kasargod
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WP(CRL.) NO. 480 OF 2025
Dist. as Special Public Prosecutor for conducting
the case;
iv. Granting such other interim relief as this Hon'ble
Court may fit and proper to secure the ends of
justice. (SIC)
2. Petitioners 1 & 2 are the parents of the deceased
victim Shuhaib, who, according to the petitioners, was brutally
murdered on 12.02.2018, at a place called Edayannur, Kannur
District. Petitioners 3 and 4 are the victims in the above case,
who sustained serious injuries. The above case is charge
sheeted and now pending before the Additional Court of
Sessions-lll, Thalassery. It is conceded by both sides that one
formal witness was examined in the above case. According to
the petitioners, the deceased is a congress man and the
accused are quotation team of CPIM, which is the ruling party
in the State. Therefore the petitioners want a Special Public
Prosecutor to conduct the case. The petitioners already
submitted Ext.P3. The same is not considered is the grievance.
Now the trial court is proceeding with the case is the further
grievance. Hence this writ petition.
3. Heard the learned counsel for the petitioners and the
learned Public Prosecutor.
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WP(CRL.) NO. 480 OF 2025
4. Admittedly the petitioners submitted Ext.P3
representation before the 1st respondent for appointment of a
Special Public Prosecutor. In such circumstances, before
passing orders in it, it is not proper to proceed with the trial.
There can be a direction to the 1 st respondent to consider that
representation within a time frame and till then, the trial can be
deferred.
Therefore, this writ petition is disposed of with following
directions:
1. The 1st respondent is directed to consider
Ext.P3, as expeditiously as possible, at
any rate, within six weeks from the date
of receipt of a copy of this judgment.
2. Till final orders are passed as directed by
this Court Ext.P3 by the 1st respondent,
the Additional Sessions Court-III,
Thalassery shall defer the trial in SC
No.596/2018.
sd/-
P.V.KUNHIKRISHNAN
JV JUDGE
2025:KER:39148
WP(CRL.) NO. 480 OF 2025
APPENDIX OF WP(CRL.) 480/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE POST MORTEM
CERTIFICATE DATED 13-2-2018 ISSUED BY
THE ASSISTANT PROFESSOR AND ASSISTANT
POLICE SURGEON, DEPARTMENT OF FORENSIC
MEDICINE, GOVT. MEDICAL COLLEGE,
KOZHIKODE
Exhibit P2 TRUE COPY OF THE ORDER
NO.18-CAMP/2018/KR DATED 19-2-2018
ISSUED BY INSPECTOR GENERAL OF POLICE,
KANNUR RANGE, KANNUR
Exhibit P3 TRUE COPY OF THE REPRESENTATION DATED
14-3-2025 ADDRESSED TO THE 1ST
RESPONDENT
Exhibit P4 . CONSENT LETTER DATED 6-3-2025 GIVEN
BY K.PADMANABHAN,ADVOCATE, HOSODURG
SIGNIFYING HIS CONSENT TO ACT AS
SPECIAL PUBLIC PROSECUTOR FOR
CONDUCTING SC NO.596/2025[CRIME
NO.202/2018 OF MATTANNUR POLICE
STATION]
Exhibit P5 TRUE COPY OF THE ORDER DATED 4.4.2025
MADE IN CRL.M.P.NO.1741/2025 IN SC
NO.596/2025 [CRIME NO.202/2018 OF
MATTANNUR POLICE STATION] ON THE FILE
OF THE COURT OF ADDITIONAL SESSIONS
JUDGE NO.III,THALASSERRY
