IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE R.BASANT MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 28725 of 2008(T) -------------------------- SC.1530/2004 of ADDITIONAL DISTRICT COURT (ADHOC)-II, KOLLAM .................... PETITIONER(S): --------------- CHANDRA PILLAI, S/O NEELAKANTAN PILLAI, PADIPURA VEEDU, PARVUR , KOLLAM. BY ADV. SRI.S.VASUDEVAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE DIRECTOR GENERAL OF PROSECUTION, HIGH COURT OF KERALA, ERNAKULAM. 3. DISTRICT COLLECTOR, KOLLAM, 4. SUPERINTENDENT OF POLICE, KOLLAM. 5. STATION HOUSE OFFICER, POLICE STATION, PARAVUR KOLLAM. 6. HARICHANDRAN PILLAI, S/O LATE JANARDHANAN PILLAI, SARASWATHY MANDIRAM, PARAVUR, KOLLAM. 7. SUDARSANAN, SON OF LATE JANARDHANAN PILLAI, SARASWATHY MANDIRAM, PARAVUR, KOLLAM. 8. RADHADEVI, D/O LATE JANARDHANAN PILLAI, SARASWATHY MANDIRAM, PARAVUR, KOLLAM. GOVERNMENT PLEADER SRI.S.U.NAZER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: R.BASANT, J. ---------------------- W.P.C.No.28725 of 2008 ---------------------------------------- Dated this the 13th day of October 2008 J U D G M E N T The petitioner is the complainant/CW1 in S.C.No.1530/2004. Cognizance was taken in that case on the basis of a private complaint filed by the petitioner. The case was committed to the court of Session and S.C.No.1530/2004 inter alia under Section 304B I.P.C has been registered before the Sessions Court, Kollam. The matter is pending before the Additional Sessions Court (Adhoc-II) Kollam. 2. According to the petitioner, the Public Prosecutor in charge of the case is unable to proceed further in the matter as he has no records whatsoever available with him. The petitioner, in the meantime, has filed an application for appointment of a Special Public Prosecutor. 3. The learned Public Prosecutor, after taking instructions, submits that the application for appointment of a Special Public Prosecutor has been received by the State. It is receiving the attention which it deserves. The Government shall pass orders in the matter within a period of two months from this date, submits the learned Public Prosecutor. W.P.C.No.28725/08 2 4. I am, in these circumstances, satisfied that direction can be issued to the first respondent/Government to pass appropriate orders on the application submitted by the petitioner for appointment of a Special Public Prosecutor within a period of sixty days from this date. There shall be a consequent direction to the learned Addl. Sessions Judge (Adhoc-II), Kollam that the learned Judge should not commence trial in S.C.No.1530/2004 for a period of 90 days from this date. 5. This writ petition is accordingly allowed to the above extent. If no orders are passed within a period of 60 days, the option of the petitioner to approach this court again shall remain unfettered. (R.BASANT, JUDGE) jsr W.P.C.No.28725/08 3 W.P.C.No.28725/08 4 R.BASANT, J. CRL.M.CNo. ORDER 21ST DAY OF MAY2007