IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE M.SASIDHARAN NAMBIAR WEDNESDAY, THE 10TH NOVEMBER 2010 / 19TH KARTHIKA 1932 WP(C).No. 34009 of 2010(A) -------------------------------------- [S.C. NO.325/2007 OF THE ASSISTANT SESSIONS COURT, OTTAPPALAM] ................ PETITIONER: ------------------- RASHEED, S/O. BAPPU, AGED 33 YEARS, KUZHIYIL PEEDIKA HOUSE, CHIRAKKALPADI.P.O., PALAKKAD DISTRICT. BY ADVS. SRI.C.K.SREEDHARAN, SRI. SUNNY MATHEW. RESPONDENTS: ------------------------ 1. THE SUB INSPECTOR OF POLICE, MANNARKAD- 678 582. 2. THE CIRCLE INSPECTOR OF POLICE, MANNARKAD – 678 582. 3. STATE OF KERALA, REPRESENTED BY THE HOME SECRETARY TO GOVERNMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM – 695 001. R1 TO R3 BY GOVT. PLEADER SRI. P.A. SALIM. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/11/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. M.SASIDHARAN NAMBIAR,J. =========================== W.P.(C).No.34009 OF 2010 =========================== Dated this the 10th day of November,2010 JUDGMENT One of the injured in S.C.325/2007 on the file of Assistant Sessions Court, Ottapalam filed this petition under Article 226 of the Constitution of India for a writ of mandamus directing the third respondent to consider Ext.P1 petition seeking to appoint a named counsel as Special Prosecutor to conduct the case or in the alternative to permit the said counsel to appear and to conduct the case as provided under section 301(2) of Code of Criminal Procedure and to direct the Assistant Sessions Court to postpone the trial till third respondent takes the decision. 2. Learned counsel appearing for the petitioner and the learned Government pleader were heard. W.P.(C) 34009/2010 2 3. Ext.P1 is dated 4.11.2010. The prayer for appointing a Special Prosecutor was not made earlier, though the case was pending from 2007. If Ext.P1 is received by the third respondent, third respondent necessarily has to pass an order expeditiously. But no permission could be granted to the de facto complainant to engage a counsel of his choice to conduct a sessions case as sought for. In view of the inaction on the part of the petitioner since 2007, a direction cannot be issued to postpone the trial as sought for. Writ Petition is disposed directing third respondent to consider and pass appropriate order in Ext.P1 expeditiously, if it is received. M.SASIDHARAN NAMBIAR JUDGE tpl/- M.SASIDHARAN NAMBIAR, J. --------------------- W.P.(C).NO. /06 --------------------- JUDGMENT SEPTEMBER,2006