IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE B.P.RAY MONDAY, THE 25TH JULY 2011 / 3RD SRAVANA 1933 OP(Crl.).No. 2383 of 2011(Q) ---------------------------------------- SC.772/2009 OF ADDITIONAL SESSIONS COURT II, THRISSUR .................... PETITIONER: -------------------- SREEKUMARAN, AGED 50 YEARS, S/O.PANKUNNY, KALLAMPARAMBIL HOUSE, PAZHAYANNUR P.O., VADAKKETHARA VILLAGE, THRISSUR DISTRICT BY ADV. SRI.RENJITH THAMPAN RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REP. BY SECRETARY, DEPARTMENT OF HOME AFFAIRS, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE DIRECTOR GENERAL OF PROSECUTION, ERNAKULAM, PIN-682 031. 3. THE SUB INSPECTOR OF POLICE, PAZHAYANNUR, THRISSUR, PIN-680 015. R1 TO R3 BY PUBLIC PROSECUTOR MR.B. JAYASURYA. THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 25/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs OP(Crl.).No. 2383 of 2011(Q) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CHARGE SHEET FILED BY THE 3RD RESPONDENT, DATED 24/06/2006. EXT.P2: COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 15/10/2010. EXT.P2(a): COPY OF THE APPLICATION FILED BY THE PETITIONER DATED 15/10/2010. EXT.P3: COPY OF THE APPLICATION FILED BY THE PETITIONER UNDER SEC.24(8) OF THE CR.P.C. EXT.P4: COPY OF THE JUDGMENT IN WP(C) NO. 33686/2010 DATED 08/11/2010. EXT.P5: COPY OF THE LETTER DATED 08/11/2010 OF THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT. EXT.P6: COPY OF THE LETTER ISSUED BY ADV. PAUL PUTHUR DATED 19/11/2010 TO THE DISTRICT COLLECTOR. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs B.P.RAY, J. O.P.(Crl).NO.2383 of 2011 Dated this the 25th day of July 2011 O R D E R Petitioner is the de facto complainant in crime N0.95/2006 of Pazhayannur police station now pending as S.C.No.772/2009 in the Second Additional Assistant Sessions Court, Thrissur for the offence punishable under Sections 143, 147, 148, 324, 326 and 308 I.P.C. 2. The prayer of the petitioner is to direct the 1st respondent to finalise Ext.P5 proceedings within a stipulated time. The learned Government Pleader states that the application for appointment of Special Public Prosecutor shall be disposed of within a period of one month from today. 3. The learned counsel for the petitioner submits that the case is posted for trial to 09/08/2011. If Ext.P5 proceedings is not finalised before that date, it will adversely affect the petitioner. 4. If the petitioner/ de facto complainant makes an application for adjournment of S.C.No.772/2009, the trial court O.P.(CRL).No.2383/2011 2 shall adjourn the case for a period of six weeks. The application for appointment of Special Public Prosecutor shall be disposed of within a period of one month as stated by the learned Government Pleader and the same shall be communicated to the petitioner. 5. Writ petition is disposed of as above. (sd/-) (B.P.RAY, JUDGE) jsr // True Copy// PA to Judge O.P.(CRL).No.2383/2011 3 O.P.(CRL).No.2383/2011 4 O.P.(CRL).No.2383/2011 5