IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR THURSDAY, THE 9TH SEPTEMBER 2010 / 18TH BHADRA 1932 WP(C).No. 27967 of 2010 (Q) -------------------------- (SC NO.124/04 & SC.304/2007 of ADDL.SESSIONS COURT (FAST TRACK-I) KOZHIKODE) .................... PETITIONER: --------------- RATHI.K.P,AGED 64, W/O.LATE K.CHEKUTTY, 'AMRUTHA',VELLATTAYIL PARAMBA, IDIMUZHIKKAL, P.O.CHELEMBRA,MALAPPURAM DISTRICT. BY ADVS. SRI.A.RANJITH NARAYANAN SRI.S.K.SAJU RESPONDENT: ---------------- STATE OF KERALA,DEPARTMENT OF HOME MINISTRY,SECRETARIAT,THIRUVANANTHAPURAM, REP. BY THE PUBLIC PROSECUTOR,HIGH COURT OF KERALA. BY GOVERNMENT PLEADER SRI.I.V.PRAMOD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: VK M.SASIDHARAN NAMBIAR,J. --------------------------------------------- W.P.C.NO.27967 OF 2010 --------------------------------------------- Dated 9th September, 2010 JUDGMENT By Ext.P1 judgment in W.P.C.1349/2009 State of Kerala was directed to take a decision on the representation of the petitioner, de facto complainant to appoint a Special Prosecutor to conduct S.C.304/2007 on the file of Additional Sessions Court, Kozhikode and learned Sessions Judge was directed to consider the prayer for joint trial of the case with S.C.124/2004. This petition is filed for a direction to appoint advocate Sri.M.Asokan as the Special Prosecutor and to direct the Sessions Judge to keep in abeyance further proceedings in the case till Sri.M.Asokan is appointed as Special Wpc 27967/10 2 Prosecutor and also for a direction to consider the prayer for joint trial. 2. Last prayer has already been granted by Ext.P1 judgment. A direction to appoint a particular counsel as Special Prosecutor cannot be granted. It is upto the Government to decide whether a Special Prosecutor is to be appointed and if so, who is to be appointed. In such circumstances, no direction as sought for can be issued. Additional Sessions Judge, Kozhikode is directed to defer the trial for three weeks so as to enable the State to take the decision within the period. Petition is disposed. M.SASIDHARAN NAMBIAR, JUDGE. Wpc 27967/10 3 uj.