A. PONNI Vs. STATE

JUDGEMENT

(1.) This petition has been filed seeking for a direction to the 3rd respondent to appoint one Mr. D. Kumar, Advocate as a Special Public Prosecutor to conduct the case which is pending before the Special Court for an offence under Scheduled Castes and Scheduled Tribes [Prevention of Atrocities) Act, 1989 [hereinafter referred as "SC/ST (PA) Act".

(2.) It is seen from records that the petitioner is the victim and the de facto complainant in this case. Based on her complaint, the respondent Police registered an FIR in Cr. No. 04/2010 for various offences including offence under the SC/ST (PA) Act. After the completion of the investigation, a Final Report was also filed and same was taken on file in SC. No. 136 of 2015.

(3.) When the matter was pending, the petitioner being the victim made a representation to the 3rd respondent to appoint one Mr. D. Kumar, Advocate as a Special Public Prosecutor to conduct the case. The said advocate had also given his consent to act as the Special Public Prospector by his letter dtd. 22/1/2019. In spite of the receipt of the representation since no action was taken, the present petition has been filed seeking for appropriate directions.