Kerala High Court Seeks State's Stand In Plea For Change Of Prosecutor Who Allegedly Forced Complainant To Settle Criminal Case

According to the plea, the petitioner is the complainant in a crime registered by the Sasthamcottah Police State for the offences under Sections 341(wrongful restraint), 294 (b)(obscene acts and songs), 324(Voluntarily causing hurt by dangerous weapons or means), 354(Assault or criminal force to woman with intent to outrage her modesty) & 506(criminal intimidation) of IPC and Section 3 (2) (va) of the Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act. 

The accused and the petitioner were college mates wherein it has been alleged that the accused had sexually abused the complainant. A crime was registered but he started constantly contacting her to withdraw the case and when she refused, he threatened her.

On one occasion, he is alleged to have assaulted her using a pen, humiliated her by calling her caste name and threatened to forward her nude pictures to her father. Later, he threatened to kill her and her family members. Subsequently, the present crime was registered.

The investigation in the case now stands completed and a final report was filed before the Special Court SC/ST (POA), Kottarakkara. It is alleged that the Special Public Prosecutor before the Special Court insisted the petitioner to settle the case with the accused. However, when she informed her desire to continue with the prosecution, the prosecutor is stated to have degraded and humiliated her.

She then submitted a representation before the Additional Chief Secretary to Government (Home & Vigilance) to appoint another prosecutor to conduct the trial. Since the representation remains unconsidered, she has come before the High Court seeking reddressal of her grievance.

She has prayed for a direction to direct the Additional Chief Secretary to consider the representation and to notify another prosecutor to conduct the case before the Special Court. Additionally, a direction is sought to stay the proceedings before the Special Court till a decision is made by the afore authority regarding her representation.

When the case came up for consideration, Justice M.B. Snehalatha gave time to the public prosecutor to get instructions and posted it on January 9 for further consideration.

Case No: WP(Crl.) 1796/2025

Case Title: Malavika v. State of Kerala and Ors.

The petition is moved by Advocates Shajin S. Hameed and D. Jai Singh