RAMASWAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE Petitioner seeks a writ of Certiorarified Mandamus calling for the records of the first respondent in G.O. No. (4 -D) 58, Home Department, dated 13.10.1997 appointing the fourth respondent as Special Public Prosecutor, to quash the same and to direct the first and second respondents to appoint any other person in the place of fourth respondent to conduct and prosecute the case in S.C. No. 183 of 1995 on the file of the learned Additional and District Sessions Judge cum Chief Judicial Magistrate, Cuddalore.

(2.) BY GO. (4D) No. 58, Home (Courts. VI) Department dated 13.10.1997, which is impugned in the above writ petition, the Government, by exercising powers under Section 24(8), Cr.P.C, appointed the fourth respondent as Special Public Prosecutor, to conduct the trial of the case in CB CID Crime No. 5 of 1994 in S.C. No. 183 of 1995 before the learned Additional Sessions Judge cum Chief Judicial Magistrate, Cuddalore, under the following alleged facts and circumstances of the case.

(3.) IN this connection, it is relevant to mention that the fifth respondent, on an earlier occasion, moved this Court in HCP No. 711 of 1993, seeking for a writ of habeas corpus, for the production of the body of Rajakannu and for compensation as a consequence of the alleged detention, injuries and disappearance of Rajakannu at the hands of the respondents therein, namely. Superintendent of Police. South Arcot District, Cuddalore, Deputy Superintendent of Police, Vridhachalam, South Arcot District and Sub Inspector of Police. Kammapuram Police Station, Vridhachalam taluk. South Arcot District.