IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 Crl.MC.No. 2630 of 2010() ------------------------------------ CRL.MP. NO.766/2010 IN CC.1293/2003 of JUDL.MAGISTRATE OF FIRST CLASS-II, ALUVA . .................... PETITIONER(S): CW2 ------------------------------- V.C.GEORGE,@ SUNNY AGED 41 YEARS S/O.CHACKO, VADAKKEYIL HOUSE, NEAR TOLL JUNCTION PUTHUPALLIPURAM KARA,TRIKKAKARA NORTH VILLAGE KANAYANNUR TALUK, BY ADV. SRI.V.JOHN SEBASTIAN RALPH RESPONDENT(S):STATE/ ACCUSED 1 TO 5 ---------------------------------------------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA AT ERNAKULAM 2. K.M.NAZRUDHEEN, AGED 38 YEARS S/O.MOOSA HAJI, KIZHAKKEKARA, TOLL JUNCTION PUTHUPPALLIPURAM KARA, THRIKKAKARA NORTH VILLAGE KANAYANOOR THALUK. 3. NISHIJA NAZRUDHEEN,AGED ABOUT 28 YEARS W/O. K.M.NAZRUDHEEN,KIZHAKKEKARA, TOLL JUNCTION PUTHUPPALLIPURAM KARA, THRIKKAKARA NORTH VILLAGE KANAYANOOR THALUK. 4. SUBHASH CHANDRAN, AGED ABOUT 48 YEARS S/O.AMBUJAKSHAN NAIR, SREEPADAM, EDAPPALLY NORTH VILLAGE. 5. RAMACHANDRAN, AGED ABOUT 48 YEARS S/O.GOPALAKRISHNAN NAIR, KARITHALA DESOM ERNAKULAM VILLAGE. tss CRMC. NO.2630/2010 6. STATE OF KERALA, REPRESENTED BY THE S.I.OF POLICE, KALAMASSERY POLICE STATION IN CRIME NO.251 /2000. R1 & R6 BY PUBLIC PROSECUTOR SRI.I.V.PRAMOD R2 BY ADVS. SRI.VARGHESE C.KURIAKOSE, SRI.K.O.MANUEL (KOPRAMB) . THIS CRIMINAL MISC. CASE HAVING BEEN FINALLY HEARD ON 07/12/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: tss M.SASIDHARAN NAMBIAR,J. =========================== CRL.M.C.No. 2630 OF 2010 =========================== Dated this the 7th day of December,2010 ORDER Petitioner the de facto complainant filed Crl.M.P.766/2010 in C.C.1293/2003 to grant permission to appoint a counsel to prosecute the case. By Annexure 1 order petition was dismissed holding that the only reason shown is that documents are to be produced which could be produced through the Assistant Public Prosecutor. Petition is filed under section 482 of Code of Criminal Procedure to quash the order. 2.Learned counsel appearing for the petitioner was heard. 3. As no specific reason is shown or allegation is raised against the prosecutor, learned Magistrate was justified in not permitting the petitioner to engage a counsel Crl.M.C.2630/2010 2 to conduct the case instead of Assistant Public Prosecutor. But the learned Magistrate could have permitted the petitioner to engage a counsel to assist Assistant Public Prosecutor. Petition is allowed. Annexure 1 order is modified granting permission to the petitioner to engage a counsel to assist the Assistant Public Prosecutor. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006