Kerala High Court
WP(Crl.)/432/2025 of BABY M.C Vs STATE OF KERALA on 11 April 2025
No.432/2025 1 2025:KER:31790 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947 WP(CRL.) NO. 432 OF 2025 PETITIONER: BABY M.C, AGED 53 YEARS, W/O. SANTHOSH KUMAR KRISHNALAYAM DHARMADAM
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE DR. JUSTICE KAUSER EDAPPAGATH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
WP(CRL.) NO. 432 OF 2025
PETITIONER:
BABY M.C, AGED 53 YEARS, W/O. SANTHOSH KUMAR
KRISHNALAYAM DHARMADAM MEETHALEPEEDIKA,
PAREEKKADAV KANNUR DISTRICT -, PIN - 682003
BY ADVS.S.RAJEEV
V.VINAY, M.S.ANEER
ANILKUMAR C.R., K.S.KIRAN KRISHNAN
SARATH K.P., DIPA V.
RESPONDENT/STATE:
STATE OF KERALA
REP. BY PRINCIPAL SECRETARY (HOME), DEPARTMENT OF
HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
STATE POLICE CHIEF
POLICE HEADQUARTERS, VAZHUTHACAUD,
THIRUVANANTHAPURAM –, PIN - 695010
SUPERINTENDENT OF POLICE
OFFICE OF THE SUPERINTENDENT OF POLICE, KANNUR
DISTRICT –, PIN - 670002
STATION HOUSE OFFICER, DHARMADAM POLICE STATION, KANNUR DISTRICT -, PIN - 670106
SRI.M.P. PRASANTH, PP
THIS WRIT PETITION (CRIMINAL) HAVING COME UP FOR
ADMISSION ON 11.04.2025, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner who is the victim in S.C.No.792/2017 pending on the files of the Additional District and Sessions Court- I, Thalassery (for short the trial court) filed Ext.P2 representation before the 1st respondent for appointment of a Special Public Prosecutor.
2. I have heard both sides. I have called for a report from the trial court. The report would show that the case had been scheduled for trial from 3.2.2025 to 24.2.2025. Already 14 witnesses were examined. Now the case has been scheduled on 9.5.2025 and 12.5.2025 to 15.5.2025 for examination of some more witnesses. Ext.P2 was filed in the month of January, 2025. The 1st respondent is directed to take a decision on Ext.P2 as expeditiously as possible, taking into account the fact that the case is scheduled for trial for the examination of witnesses from 9.5.2025. The writ petition is disposed of. Sd/- DR. KAUSER EDAPPAGATH JUDGE kp
APPENDIX OF WP(CRL.) 432/2025 PETITIONER EXHIBITS Exhibit P1 THE TRUE COPY OF THE FINAL REPORT IN CRIME NO.61/2017 OF DHARMADAM POLICE STATION Exhibit P2 THE TRUE COPY OF THE REPRESENTATION DATED 15-01-2025 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ALONG WITH CONSENT LETTER OF ADV.P. PREMARAJAN 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 TRUE COPY OF THE ORDER NO. G.O.(RT) NO.1413/2024/HOME DATED 20.05.2024 OF THE 1ST RESPONDENT Exhibit P6 THE TRUE COPY OF THE ORDER NO. G.O.(RT) NO.1457/2021/HOME DATED 24.05.2021 OF THE 1ST RESPONDENT Exhibit P7
16. THE LIST OF CASES IN WHICH SPECIAL PUBLIC PROSECUTORS WERE APPOINTED IN WHICH THE CPM ACTIVIST WERE VICTIMS AND THE RSS/BJP ACTIVIST WERE ACCUSED