STATE OF KERALA Vs. ABDUL KAREEM K.A.

JUDGEMENT

(1.) Instant Writ Appeal is against the judgment dated 31.05.2019 in WP(C) No.5610 of 2018, by which the writ court, taking note of the number of cases pending on the file of the Judicial First Class Magistrate Court, Hosdurg, and the cases to be handled by the Assistant Public Prosecutor in charge of the said court, appointed Adv.K.Prabhakaran, Roll No.K/243/1985 as Special Public Prosecutor to conduct the trial in CC No.1264 of 2011 pending on the file of the Judicial First Class Magistrate Court-I, Hosdurg, in terms of the Kerala Law Officers (Appointment and Condition of Service and Conduct of Case) Rules, sustaining the grievance of the writ petitioner that the regular Assistant Public Prosecutor would not be in a position to devote time and energy to conduct a case of theft of gold involving crores of rupees. Writ court further accepted the contention of the writ petitioner that cause of justice would suffer unless a diligent and skilled prosecutor is appointed.

(2.) Impugned judgment dated 31.05.2019 in WP(C) No.5610 of 2018 is assailed on the following grounds:

(3.) On this day, when the matter came up for hearing, Sri.T.K.Vipindas, learned counsel for the respondent/writ petitioner, submitted that he wants to place some additional materials to sustain the impugned judgment on some other points not covered in the judgment. When the learned counsel was posed with a question as to whether those additional documents now sought to be filed at this stage can be taken note of, when the reasoning of the writ court is limited only to the number of cases pending on the file of the Judicial First Class Magistrate Court, Hosdurg, to be handled by the regular Assistant Public Prosecutor. Further, on the ground of expertise (skilled and diligence), as observed by the writ court, Sri.T.K.Vipindas, learned counsel for the respondent, fairly submitted that the impugned judgment in WP(C) No.5610 of 2018 dated 31.05.2019 be set aside and the matter be remitted back to the writ court for consideration afresh based on the additional materials now sought to be placed before the writ court.