PRABHAT AGRAWAL Vs. STATE OF M.P.

JUDGEMENT

(1.) THE petitioner is facing sessions trial for offences under Sections 498 -A and 304 -B of the Indian Penal Code and Section 3/4 Dowry Prohibition Act.

(2.) THE complainant/respondent no. 5 had engaged respondent no. 4 Shri R.N. Sen, Advocate, Satna as counsel to assist the prosecution and was permitted to do so under Section 301 (2) of the Cr.P.C. During the course of trial, the State Government by impugned order dated 23rd December 1997 has appointed Shri R.N. Sen as Special Public Prosecutor under Section 24 (8) of the Cr.P.C.

(3.) IN assailing the appointment of special Public Prosecutor, reliance is placed on the decision of the Supreme Court in the case of Mukul Dalai and ors. V. Union of India and others [ (1998) 3 SCC 144] which has been relied by the Division Bench of this Court in Sunil Kumar V. State of M.P. and Ors. (1992 MPU 772) and a Single Bench decision of this Court in Rajendra Nigam V. State of M.P. (1998 Cri. L.J. 998). Reference is also made to a Single Bench decision os U.L. Bhat, J. (as he then was) in Moosa Abdul Rahiman V. State of Kerala (1982 Cri.L.J. 2085 -Kerala High Court).