CHAYA RAY Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This mandamus-appeal is at the instance of a writ- petitioner and is directed against two orders, one dated 16th May, 2006 passed by the learned Single Judge by which the writ-application was disposed of by directing the Legal Remembrancer, West Bengal, to replace the existing Special PubJic Prosecutor engaged in the pending criminal case which was initiated on the basis of complaint lodged by the writ-petitioner and the other one, dated 19th June, 2006 by which His Lordship refused to modify the earlier order dated 16th May, 2006 on an application filed by the applicant.

(2.) On the basis of an F.I.R. lodged by the appellant, a criminal case was started under Sections 498A/325/506/120B of the Indian Penal Code with was registered as North Bidhannagar Police Station Case No. 112/94 dated 25th April, 1994 corresponding to G.R. Case No. 1661/94.

(3.) The said case is pending for the last 12 years. It appears from the record that in course of the proceedings, the State Government changed several Special Public Prosecutors and lastly, the Legal Remembrancer, the State of West Bengal, appointed one Mr. Subhasis Roy as Special Public Prosecutor vide order dated 10th May, 2005; but subsequently, the said order of appointment of Mr. Subhasis Roy was revoked by an order dated 22nd June, 2005.