T J SHINE Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) WRIT Petition praying to issue a WRIT of Certiorari calling for the records from the respondent relating to the impugned order G. O. (1) No. 534, Home (Courts VI) Department dated 9. 5. 2002 and quash the same.

(2.) IN the affidavit filed in support of the writ petition, the petitioner would submit that he is a member of CPI (M) Iduki district, Kerala and also a Treasurer of High range Thottam Thozhilalar Union; that at the instances of the owner of the Cardaman Estate viz. , Ayya Naidu, a false complaint was given implicating the petitioner and others in a criminal case in which they were charge sheeted under various Sections of the I. P. C. and the case has been committed by the Court of Judicial Magistrate No. II, usilampatti to the Court of Assistant Sessions Judge, Periyakulam and from there the said case has been transferred to the Fast Track Court where it is pending trial in S. C. No. 48 of 1994.

(3.) THE judgment cited supra requires the application to be properly examined by the authority and on being satisfied on the basis of the materials placed on record to appoint the special public prosecutor. So far as the case in hand is concerned, the report of the Superintendent of Police cited in the G. O. would be sufficient to hold that only in consideration of such materials made available, the Government have passed orders appointing the special public prosecutor and it cannot be said that the order is either arbitrarily made or without application of mind.