This is an application filed by the petitioner issuing direction to the respondents to dispose of Ext.P2 representation within a time frame under Article 226 of Constitution of India.
2. It is alleged in the petition that petitioner is the complainant in Crl.M.P.No.1614/2009 on the file of Judicial First Class Magistrate Court, No.II, Kottayam. The learned magistrate took cognizance of the case and committed the case to Sessions Court, Kottayam and the learned Sessions Judge took cognizance of the case as S.C.No.333/11 and it is now pending before Additional Sessions Court (Fast Track No- II), Kottayam. The petitioner is not satisfied with the conduct of the prosecution. So, she wanted a special prosecutor to be appointed to conduct her case. So, she filed Ext.P2 representation before the Government for appointing a special prosecutor to conduct the case S.C.No.333/11 under Section 24(8) of Code of Criminal Procedure stating that there are W.P.(C).No.6018 of 2014 : 2 :
chances of misuse of power by the accused persons on trial as they are police officers and they are very influential persons considering their post in police force and in the public interest it is required to be allowed. But, so far, no orders have been passed in that application. So, petitioner has no other remedy except to approach this court seeking the following relief:
“To issue a writ of mandamus or any other appropriate order directing the respondent to appoint a special public prosecutor to conduct the prosecution in S.C.No.333/11, pending before the Honourable Additional Sessions Court, (Fast Track-II) Kottayam.”
3. When the application came up for hearing today, the learned Government Pleader appearing for the respondents submitted that a petition has been received from the petitioner seeking appointment of special prosecutor on 24.02.2014 and they are processing the same and they require some time for that purpose. Considering the circumstances, this court feels that the petition can be disposed of as follows:
The respondent namely., Secretary to the Government, Department of Home Affairs, Government Secretariat, Thiruvananthapuram is W.P.(C).No.6018 of 2014 : 3 :
directed to consider and dispose of Ext.P2 representation as expeditiously as possible at any rate within two months from the date of receipt of this order. The petitioner is directed to produce the copy of the writ petition along with the order passed by this court before the concerned Secretary to enable him to comply with the directions.
With the above direction and observation, the petition is disposed of.
Sd/-
K.Ramakrishnan, Judge.
Bb [True copy] P.A to Judge