P L G MANU Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who is the accused in CC No.13613/2009, filed the present writ petition to quash the impugned notification dated 27.8.2013 as per Annexure-A, appointing the 2nd respondent as the Special Public Prosecutor under the Provisions of Sec. 24(8) of the Code of Criminal Procedure to conduct the above criminal case on behalf of the State Government.

(2.) It is the case of the petitioner that he is the 1st Accused in C.C. No.13613/2009 pending on the file of the IV Addl. Chief Metropolitan Magistrate, Bangalore, on the basis of a false complaint by one R. Jayavelu and the entire case is based on false premises and the averments relied on therein are totally absurd and inconsistent. The complainant in the said matter has resorted to various acts of high handedness and this writ petition is meant to challenge the latest such atrocity suffered by the petitioner at the hands of the complainant, wherein the 2nd respondent has been appointed as the Special Public Prosecutor by the 1st respondent State Government without there being any special circumstances requiring such an appointment nor does public interest demand such an appointment. It is further contended that the complainant is further attempting to get another counsel appointed as an Assistant to the prosecution and has filed an application for the same on 7.8.2013. It is further contended that the Public Prosecutor has already been appointed by the State Government, who is perfectly capable of conducting the trial in the said matter and there is no need of any such assistance. The entire facts of the case elucidated squarely establish the malafide acts of the complainant.

(3.) It is further contended that the petitioner joined the Indian Navy and served the Nation for a period of 13 years and when resigned, he was Lt. Commander and after resigning from the Indian Navy, he got into business with his nephew Joseph Tharakan and it is thus M/s Shashi Distilleries, a registered partnership firm was formed in the year 1990 at Goa with the petitioner and his nephew Joseph Tharakan, as its partners, with the object of manufacturing and selling Indian made foreign liquor and they are carrying on its business from Bangalore from the year 1992.