AMRUTBHAI BHOLIBHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition which is filed under Article 226 of the Constitution, the petitioner against whom C.R. No.I-38 of 2000 is registered for the offences punishable under Sections 302 and 34 of the Indian Penal Code ('IPC' for short hereinafter) as well as Section 25 (1) (c) of the Arms Act ('the Act' for short hereinafter) with Sarkhej Police Station has prayed to issue a writ of mandamus to quash and set aside the resolution of the Government of Gujarat dated March 22, 2000 appointing Mr. K.J. Shethna, Advocate, as Special Public Prosecutor for conducting C.R.No.I-38 of 2000 at the District and Sessions Court of Ahmedabad (Rural), Mirzapur, Ahmedabad and High Court for bail and trial.

(2.) It may be stated that by the said Government resolution, Mr. Rajendra Shirodkar and Mr. Adhik Shirodkar, advocates are also appointed to assist Mr.K.J.Shethna and, therefore, their appointments as such are also challenged.

(3.) Earlier it was stipulated in the said resolution that Mr. Shethna, Mr. Rajendra Shirodkar and Mr. Adhik Shirodkar would be paid fees by the original complainant Mrs. Arti Arvindbhai Patel but the Government has amended the said resolution by another resolution dated August 22, 2000 mentioning that Mr. K.J. Shethna and M/s. Shirodkars shall be paid fees by the Government which will be decided later on and the petitioner has, therefore, challenged the validity of the said amended Government resolution also.