MUHAMMED @ MONUPPA Vs. STATE OF KERALA

JUDGEMENT

(1.) THIS is an application filed by the petitioner who is the accused in C.C.No.764 of 2011 pending before the Judicial First Class Magistrate's Court -II, Palakkad challenging Ext.P5 order passed by the Director General of Prosecution under article 226 of the constitution of India.

(2.) IT is alleged in the petition that the petitioner is the 1st accused in Crime No.357/2011 of Mankara Police Station alleging commission of the offences under Sections 143, 147, 148,447, 427, 354,323, 294(b), 506(ii) r/w Section 149 of the Indian Penal Code. The case was registered on 06/10/2011 in respect of an incident happened on 28/10/2010 against the brother of the husband of the de facto complainant and others who trespassed into their house and attacked her husband's sister which is marked as Ext.P1. After investigation final report was filed and it was taken on file as C.C.No.764/2011 and now pending before the Judicial First Class Magistrate's Court -II, Palakkad. According to the petitioner, Crime No.357/2011 was registered as counter case to Crime No.354/2010 of Mankara Police Station which is also an incident happened on 28/10/2010 and according to the counsel for the petitioner, both these incidents happened due to political animosity between de facto complainant and accused in respective cases as an aftermath of election results of the Grama Panchayath on 28/10/2010. There was no regular Assistant Public Prosecutor for Judicial First Class Magistrate's Court -II, Palakkad and the Assistant Public Prosecutor Smt.Latha of Judicial First Class Magistrate's Court -III was in additional charge of the Assistant Public Prosecutor of the Judicial First Class Magistrate's Court -II as well. In Crime No. 354/2010 of Mankara Police Station, after investigation, final report was filed and it was taken on file as C.C.No.2/2011 and it is pending before the same court.

(3.) HEARD the learned counsel for the petitioner and learned Director General of Prosecution who is appearing for the respondents.