BHARAJU RAMBABU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Both these writ petitions are taken up together for consideration as the question of law that falls for consideration is identical in both the cases.

(2.) W.P.No.7446 of 2013 is instituted by two petitioners challenging the validity of the orders passed by the State government through their G.O.Rt.No.221 dated 08.02.2013 in entrusting the conduct of prosecution in S.C.No.479 of 2011 on the file of Assistant Sessions Court, Gudivada, Krishna District to Sri B.Ramakoteswara Rao, Additional Public Prosecutor, Grade-I, attached to II Additional District and Sessions Judge - cum - Metropolitan Sessions Judge Court, Vijayawada, as illegal.

(3.) The two petitioners are the accused in S.C.No.479 of 2011 for offences punishable under Sections 450, 452, 307, 326 read with 34 of Indian Penal Code (for short "IPC") and Sections 3 and 4 of Medical Protection Act, 2008. The charge sheet sets out that the accused have planned to do away with the life of the 4th respondent, a medical practitioner. As part of the said plan, it is alleged, that on 10.05.2011 at about 09.00 p.m. the accused armed with glass bottles trespassed into the nursing home of the 4th respondent and rebuking her in filthy language, closed the doors of her consultation room where they have broken the bottles and using the sharp end stabbed her on her head and stomach uttering the words that they are not going to leave her alive. Injuries were also caused on her head and hands and in the meantime one J.Venkateswara Rao broke open the door and rescued her. Initially she was shifted to a private nursing home and from there to Government hospital. The Assistant Sub-Inspector of Police recorded the statement of the 4th respondent and then registered it as Crime No.55 of 2011 and took up the investigation, which ultimately resulted in charge sheet being filed in S.C.No.479 of 2011. There was a regular Additional Public Prosecutor attached to the Assistant Sessions Court at Gudivada, but however on a representation said to have been submitted by the 4th respondent on 01.10.2012 to the District Collector seeking prosecution to be entrusted to Sri B.Ramakoteswara Rao, Addl. Public Prosecutor, Grade - I attached to the II Additional District and Sessions Judge - cum - Metropolitan Sessions Judge Court, Vijayawada, her request has been conceded by the State. Since the State government passed orders through their G.O.Rt.No.221 dated 08.02.2013 entrusting the conduct of prosecution in S.C.No.479 of 2011 to Sri B.Ramakoteswara Rao, without examining the necessity to change the public prosecutor attached to the Assistant Sessions Court at Gudivada, it is contended on behalf of the petitioners that, the same is bad in law.