WPC No. 2220 of 2012 · Kerala High Court
Case at a glance
Provisions considered
- Constitution of India art. 226
Judgment
WPC.No. 2220 of 2012 (B) APPENDIX PETITIONER(S) EXHIBITS EXT.P1TRUE COPY OF THE ACCIDENT REGISTER CUM WOUND CERTIFICATE OF ASWINI HOSPITAL DATED 28-2-2008.EXT.P2TRUE COPY OF THE DISCHARGE CERTIFICATE OF THE PETITIONER IN LITTLE FLOWER HOSPITAL, ANGAMALY DATED 19-3-2008.EXT.P3TRUE COPY OF THE FIR IN CRIME NO. 168/2008 ON 28-2-2008 OF GURUVAYOOR POLICE STATION.EXT.P4TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 16-1-2012 BEFORE THE 2ND RESPONDENT.EXT.P4ATRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER DATED 16-1-2012 BEFORE THE 3RD RESPONDENT. RESPONDENTS' EXHIBITS :NIL//TRUE COPY//P.A TO JUDGEamk P.S.GOPINATHAN, J ---------------------------- W.P.(C).No.2220 OF 2012-------------------------- Dated this the 8th day of February, 2012.J U D G M E N TIn this petition under Article 226 of the Constitution of India, the defacto complainant in S.C.No.1128/2009 pending trial before the Additional Sessions Judge, (Fast Track-I), Thrissur in Crime No.168/2008 of Guruvayoor Police Station for offences under Sections 143, 147, 148, 326 and 307 r/w Section 149 IPCseeks the following reliefs :-i) issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents 1 to 3 to appoint an impartial and competent Special Prosecutorin the above case having No.SC.1128/2009before the Addl: Sessions (Fast tract-I),Thrichur.ii) issue a writ of mandamus or other appropriate writ, order or direction directing the respondents 1 to 3 to take appropriate action on Exhibit P4 and P4(a)representations; iii) issue a writ or order and other reliefs that this Hon'ble Court may deem fit and proper.
W.P.(C).No.2220 OF 2012 22. The main grievance of the petitioner raised in Para 4of the writ petition is that the prosecutor posted before the trial court is a sympathiser of the political party to which the accusedare members. 3. The learned Govt. Pleader would submit that the then prosecutor was substituted by another prosecutor and that there isno room for the apprehension of the defacto complainant. 4. The learned counsel for the petitioner confronting with the above situation submitted that this writ petition may be disposed of with liberty to the petitioner to apply before the trial court to engage a lawyer at the choice of the defacto complainant to assist the Public Prosecutor. Recording the submission, this writ petition is disposed of with liberty to the petitioner to apply before the trial court to engage a lawyer of his choice to assist the PublicProsecutor. P.S.GOPINATHAN, JUDGEamk
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
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