KAMLENDRA SINH Vs. STATE OF M. P.

JUDGEMENT

(1.) This writ petition under Article 226 & 227 of the Constitution of India by an accused in sessions trial No.471/2013 pending in the Court of Thirteenth Additional Sessions Judge, Indore is preferred challenging the legality, validity and propriety of the order dated 09/12/2018 whereby the application filed under section 225 Cr.P.C., has been rejected by the trial Court.

(2.) Facts in hand have somewhat chequered history. A private complaint for the offence punishable under sections 420, 415 and 477 IPC has been filed by one Sanghi Brothers (Indore) Private Limited on 13/08/2004 (Annexure P/4) through counsel Shri Vinay Saraf (respondent No.2). The Judicial Magistrate First Class, Indore (for short, 'the JMFC') had taken cognizance of the offence under section 204 Cr.P.C., on 16/02/2005 (Annexure R/2/1). The petitioner has challenged the said order dated 16/02/2005 through Mis. Cr. Case No.1837/2005 but, dismissed on 10/10/2006 by this Court (Annexure R/2/2). Special Leave Petition (Cr.) No.6641/2006 against the said order was also dismissed on 05/01/2007 by the Hon'ble Supreme Court (Annexure R/2/3).

(3.) Learned counsel for the petitioner contends that while passing the order impugned, the trial Court has wrongly rejected the objection as regards continuance of the respondent No.2 as Special Public Prosecutor consequent upon his designation as senior advocate.