Kerala High Court questions assignment of prosecutor from another court in IAS officer's rash driving case

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Published 28 October 2026

Bottom Line Up Front (BLUF)

In Sreeram Venkitaraman v. State of Kerala, the Kerala High Court questioned the assignment of a prosecutor from another court to try IAS officer Sreeram Venkitaraman in a 2019 rash driving case. The court sought clarification on the legal basis for such an appointment, specifically under the Code of Criminal Procedure, 1973.

Ratio Decidendi · Legal Principle Established

The legal principle applied was that the appointment of a Public Prosecutor or Additional Public Prosecutor for a specific case must conform to the provisions of the Code of Criminal Procedure, 1973, particularly Sections 24 and 25, which govern such appointments.

Practice & Procedural Impact for Advocates

Advocates should scrutinize the appointment process of prosecutors in specific cases to ensure compliance with CrPC provisions. Litigants should be aware that the court may intervene if procedural irregularities in prosecutor appointments are identified.

Key Legal Takeaways

1The Kerala High Court questioned the appointment of a prosecutor from a different court for a specific case.
2The court sought clarification on the legal basis for such an appointment under the CrPC.
3The case involves IAS officer Sreeram Venkitaraman in a 2019 rash driving incident.

The Legal Issue The Kerala High Court has raised concerns regarding the appointment of a Public Prosecutor from a different court to handle the trial of IAS officer Sreeram Venkitaraman in connection with a 2019 rash driving case. The court specifically questioned the legal authority for such an assignment, seeking clarification on whether it aligns with the provisions of the Code of Criminal Procedure, 1973 (CrPC) (or the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), counsel should confirm which applies).

Court's Reasoning The court's query stems from the fundamental principles governing the appointment of Public Prosecutors and Additional Public Prosecutors as laid down in the CrPC. Sections 24 and 25 of the CrPC (corresponding to Sections 19 and 20 of the BNSS) outline the procedure for such appointments, typically by the State Government or the District Magistrate, for a district or a local area. The court's concern is whether assigning a prosecutor from one court to specifically try a case in another court falls within the ambit of these statutory provisions or if it constitutes an irregular appointment.

What Follows The Kerala High Court has directed the State to provide a detailed explanation regarding the legal basis for the appointment of the prosecutor in this specific manner. The proceedings in the rash driving case involving Sreeram Venkitaraman will likely be influenced by the State's response and the court's subsequent determination on the validity of the prosecutor's appointment. Counsel should confirm whether the CrPC or BNSS applies to the procedural aspects of this case.