KATASANI SIVA REDDY Vs. GOVT OF A P

JUDGEMENT

(1.) The (11) petitioners in this writ petition are residents of Banaganapalli in Kurnool district. They are accused in Crime No.15 of 2000 of Police Station Banaganapalli. They were indicted for the murder of father of 4th respondent which took place on 20.4.2000. The learned Judicial Magistrate, Banganapalli committed the case to the Court of Sessions. It was registered as S.C.No.122 of 2002 on the file of the Court of the I Addl. District and Sessions Judge, Kurnool. As Accused No.6 was absconding, the case was split up. But subsequently Accused No.6 was apprehended and another case being S.C.No.123 of 202 was registered.

(2.) One Sri Rajamohana Rao was the Additional Public Prosecutor of court of I Addl. District and Sessions Judge, whereas Smt.V.Naga Laxmi Devi was the Additional Public Prosecutor of IV Addl. District and Sessions Judge. The 4th respondent who is the son of the deceased and also happens to be a Member of A.P. Legislative Assembly appears to have addressed a letter to the Director of Prosecutor, Government of A.P. to entrust S.C.No.122 of 2002 on the file of the I Addl. District and Sessions Judge, Kurnool to Smt.V.Naga Laxmi Devi, Additional Public Prosecutor in the court of IV Addl.District and Sessions Judge. The said representation was forwarded by the Addl. Director of Prosecutions vide letter dated 7.10.2002. The Government of A.P., the 1st respondent herein, thereafter issued the impugned orders vide G.O.Rt.No.1724, Law (LA&J Courts A-2) Department dated 23.10.2002 whereunder the Government entrusted S.C.NO.122 of 2002 on the file of the court of the I Addl.District and Sessions Judge to Smt.V.Naga Laxmi Devi, Additional Public Prosecutor in the court of IV Addl.District and Sessions Judge. The impugned G.O. is challenged mainly on the ground that the Government of A.P. has no such power to entrust a Sessions case on the file of one court to a Public Prosecutor/Additional Public Prosecutor of another court. Alternatively it is submitted that if the appointment is treated as an appointment of Special Public Prosecutor under sub-section (8) of Section 24 of Code of Criminal Procedure, 1973 (hereinafter called "Cr.P.C.") the same is illegal and improper as it does not satisfy the requirements of sub-section (8) of Section 24. It is also contended that the court of III Addl. District and Sessions Judge has now been shifted to Nandyal, as a result of which S.C.No.122 of 2002 which arose out of Crime No.15 of 2000 of Police Station Banaganapalli in Nandyal Division, also stands transferred to the file of Addl. District and Sessions Judge, Nandyal. There is an Addl. Public Prosecutor in the said court and therefore the impugned order cannot be given effect to.

(3.) The 1st respondent has filed a counter affidavit through their Assistant Secretary to Government in Home Department. The allegation that the 4th respondent is interfering in prosecuting the petitioners is denied. It is further stated that the Government examined the proposal of the Director of Prosecutions and entrusted the prosecution of petitioners in S.C.No.122 of 2002 to Smt.V.Naga Laxmi Devi, Additional Public Prosecutor, IV Addl.District and Sessions Judge in the month of October 2002. The Government has not acted with any malice and the Government is well within its powers to entrust S.C.No.122 of 2002 to the Public Prosecutor in the court of IV Addl. District and Sessions Judge, Kurnool.