DEVINENI SESHAGIRI RAO Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner figured as an accused in Crime No. 498 of 1998 of Machavaram Law and Order Police Station, Vijayawada. He is accused of having committed offence under Section 302 read with Section 34 of the Indian Penal Code (IPC) and Section 27 of the Arms Act. The 3rd respondent lodged a complaint stating that the petitioner murdered his brother by name P. Ramakrishna.

(2.) The 3rd respondent submitted a representation to the 1st respondent, the Government of Andhra Pradesh, requesting them to appoint the 2nd respondent herein as Special Public Prosecutor to conduct the Case in Cr. No. 498 of 1998. Acceding to the request of the 3rd respondent, the 1st respondent issued G.O. Ms. No. 217, Law Department, dated 10-10-1998, appointing the 2nd respondent as Public Prosecutor, in exercise of power under Section 24(8} of Cr.P.C. (hereinafter referred to as 'the Code' for short). The said order is challenged in this writ petition .

(3.) The petitioner contends that the 2nd respondent appeared in several cases for the deceased P. Ramakrishna. According to him, it is the 2nd respondent's acquaintance with and proximity to the deceased and his family, that promted the 3rd respondent to make a request to the 1st respondent to appoint the 2nd respondent as Special Public Prosecutor. The petitioner expressed apprehension about the independent functioning of the 2nd respondent as Special Public Prosecutor. Legal aspects of the matter are also canvassed.