SHANKAR RAO Vs. MOHAMMAD MUSTAFER

JUDGEMENT

(1.) These two revision cases are directed against the order in Crl.M.P. No. 1383 of 1981 in S.T.C. No. 140 of 1981 passed by the VII Metropolitan Magistrate, Hyderabad, filed by the first respondent herein (Mohd. Mustafa).

(2.) The facts which are not in controversy are that the revision petitioner was appointed as the Assistant Public Prosecutor for conducting the prosecution in any criminal Court situated within the Municipal limits of Hyderabad and Secunderabad in respect of offences punishable under the provisions of the Hyderabad Municipal Corporation Act, 1955 (Hyderabad Act II of 1956), and the rules and bye-laws made thereunder. The petitioner was not a practising advocate nor did he practice in any Court of law. He was an employee in the Municipal Corporation but was appointed under the G.O.Ms. No. 1152 Housing and Municipal Administration and Urban Development (M-A.) dated 24/10/1981 as Assistant Public Prosecutor under S. 25(1) of Cr.P.C., 1973.

(3.) In S.T.C. No. 140 of 1981 the respondent herein is the accused. He filed Crl.M.P. No. 1383 of 1982 questioning the competency of the petitioner to conduct the prosecution in S.T.C. No. 140 of 1981 on the file of the VII Metropolitan Magistrate, Hyderabad against the accused therein, Several contentions were raised before the Magistrate during the course of arguments. The main contention in support of the petition was that the petitioner was not a practising advocate and as such his appointment as Assistant Public Prosecutor under S. 25 of Cr.P.C., 1973 is illegal.