A M MAHENDER Vs. STATE OF A P

JUDGEMENT

(1.) The petitioner stated that he is an accused in Cr.No.10 of 1996 of Duggondi P.S. He moved an application for bail before the Sessions Judge, Warangal. Sri P.Sadasiva Rao, R-2, opposed the bail application as Public Prosecutor. The petitioner's advocate took an objection that R-2 cannot act as Public Prosecutor after expiry of his term and that the extention given by the Collector as a stop-gap arrangement is without jurisdiction. The Sessions Judge dismissed the application on the ground that he cannot entertain any objection and the relief can be granted by the High Court while exercising jurisdiction under Section 226 of the Constitution of India.

(2.) The petitioner further submitted that R-2 is not legally appointed as Public Prosecutor. The collector is not authorised to permit orto continue as Public Prosecutor till a regular appointment is made. Section 24 of the Code of Criminal Procedure does not speak about the extention of term or authorises the Collectorto permit anyone to continue as Public Prosecutor as a stop-gap arrangement. In such a situation, the Sessions Judge is competentto prevent such a person to act as Public Prosecutor and that the Sessions Judge was wrong in thinking that the continuation of R-2 should be challenged in a writ petition and he has no power to entertain any objection. Therefore, the petitioner prayed to prevent R-2 from functioning as Public Prosecutor till aregular appointment is made under Section 24 of the Code of Criminal Procedure.

(3.) R-2 filed a counter. He stated that he was appointed as Public Prosecutor through G.O.Ms.No.172 Law Dept, dt. 2-6-1992. He took charge on 3-6-1992. His term expired on 3-6-1995. After expiry of the term a fresh panel for regular appointment as Public Prosecutor was sent by the District and Sessions Judge to the Collector in conformity with Section 24 of the Cr. P. C. on 5-4-1995 and the panel is under consideration by the Government. In the intergnum, the District Collector exercised power under Rule 7 of G.O.M.S.No. 57, dt. 16-3-1990 and issued proceedings dated 3-6-1995 permitting R-2 to continue as Public Prosecutor till a regular appointment is made to the post. In view of the said proceedings R-2 is discharging his duties as Public Prosecutor in the Warangal Sessions Court R-2 further stated: