LAWS(BOM)-2008-7-71

UMESH BALASAHEB KALABHOR Vs. STATE OF MAHARASHTRA

Decided On July 07, 2008
UMESH BALASAHEB KALABHOR Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) Heard Mr. Halli the learned counsel for the petitioner. Rule.

(2.) Respondents waive service. The petition has been heard finally.

(3.) The petitioner has challenged the order dated 29/11/2007 issued by the Government of Maharashtra through the Department of Law and Judiciary in exercise of its powers under Section 24(8) of the Code of Criminal Procedure, 1973 and by the said order Shri Vijay Savant has been appointed as a Special Public Prosecutor in Sessions Case No. 591 of 2006 pending before the Sessions Court at Pune. The impugned order has also fixed the lumpsum fees of Rs.75,000/-to be paid to Shri Vijay Savant and the said amount has been deposited by the applicant-complainant Shri Ramesh Baburao Pokale. Though Shri Vijay Savant has not been impleaded as one of the respondents, he has filed affidavit on 18/6/2008 denying that he is in any way and even remotely related to the complainant. He has annexed to the affidavit-in-reply a copy of his educational and legal career so as to point out that he was a right choice for appointing as Special Public Prosecutor at the request of the complainant. He is enrolled as member of the Bar in 1978 and has worked as the District Government Pleader and Public Prosecutor at Pune during the period from 1992 to 1996. He has also given a list of some prominent cases he had handled before the Sessions Court/TADA Court at Pune.