MANOJ MISHRA Vs. STATE OF M.P.

JUDGEMENT

(1.) Heard.

(2.) Petitioner seeks mandamus to the State of Madhya Pradesh and its functionaries to appoint one Ashish Tiwari, Advocate as Special Public Prosecutor in S.T.No.162/2012. Respondents No.4 to 9 are being tried for the offences under Sections 120-B and 302 read with 34 of the Indian Penal Code and also under Section 25 and 27 of the Arms Act vide S.T.No.162/2012; in respect of homicidal death of Alok Mishra. Petitioner is the brother of deceased. On an application filed by the petitioner under Section 301(2) of the Code of Criminal Procedure, 1973, First Additional Sessions Judge, Betul granted leave to two of his counsel, viz, Shri Ashish Tiwari, Advocate and Shri Sanjay Mishra, Advocate to assist the Public Prosecutor by order dated 18.04.2013.

(3.) Petitioner, however, now seeks a direction to the State of Madhya Pradesh and its functionaries to appoint the counsel nominated by him as Special Public Prosecutor to conduct the trial.