MAYURESH Vs. STATE OF M P

JUDGEMENT

(1.) With consent heard finally.

(2.) Feeling aggrieved by the order dt. 28.4.2009 (Annexure P/1) passed by the Secretary, Law and Legislative Department of the State Government thereby appointing the third respondent as Special Public Prosecutor in Sessions Trial No. 197/2009 pending before the Sessions Judge, Ujjain, the petitioner/accused has filed this petition.

(3.) Briefly stated Police Madhavnagar, Ujjain had filed a challan against the petitioner in crime no. 804/2008 before the Chief Judicial Magistrate, Ujjain for committing offence u/s. 302, 394/94 of the Indian Penal Code. On 23.3.2009 before committal of the case by the Chief Judicial Magistrate to the Sessions Court, the complainant/intervenor submitted an application (Annexure P/2) before the Collector/District Magistrate, Ujjain for appointment of the third respondent as Special Public Prosecutor for conducting the said case. On receipt of the said application the Collector, Ujjain sought report from the Dy. Director Prosecution, Ujjain. The Deputy Director vide his letter dt. 25.3.2009 (Annexure P/4) recommended for appointment of the third respondent as Special Public Prosecutor for conducting the said case. The Collector agreeing with the proposal and recommendation of the Deputy Director Prosecution, Ujjain forwarded the same vide letter dt. 25.3.2009 (Annexure P/5) to the State Government with his recommendation for the same. Thereafter in exercise of its powers under Section 24(8) of the Criminal Procedure Code (for short Cr.P.C.) the impugned order dt. 28.4.2009 (Annexure P/1) has been issued by the first respondent appointing the third respondent as Special Public Prosecutor. Aggrieved, the petitioner has filed this petition.