RANJIT KUMAR DEKA Vs. STATE OF ASSAM

JUDGEMENT

(1.) This writ petition is filed by the petitioner challenging the Notification dtd. 2/6/2023 issued by the Government of Assam, Judicial Department, Judicial Branch, whereby while exercising powers under Sec. 32 of the Protection of Children from Sexual Offences Act, 2012 (hereinafter to be referred as "the POCSO Act, 2012"), Hon'ble the Governor of Assam appointed the respondent No.7 as Special Public Prosecutor to conduct cases under the POCSO Act, 2012 in the designated Special Court of the district of Barpeta with immediate effect and until further orders.

(2.) The brief facts, necessary for adjudication of the dispute raised in this writ petition, are that the petitioner was appointed as Special Public Prosecutor vide Notification dtd. 20/7/2020 issued by the Government of Assam, Judicial Department, Judicial Branch to conduct the cases under the POCSO Act, 2012 in the district of Barpeta with immediate effect and until further orders. Vide notification dtd. 3/5/2023 issued by the Government of Assam, Judicial Department, Judicial Branch, one Smti Riju Rani Pathak, Advocate, was appointed as Special Public Prosecutor to conduct the cases under the POCSO Act, 2012 in the district of Barpeta in place of the petitioner. Smt. Riju Rani Pathak submitted her resignation and her resignation was accepted vide Notification dtd. 2/6/2023 and in her place, the respondent No.7 was appointed as Special Public Prosecutor to conduct the cases under the POCSO Act, 2012 in the designated Special Court in the district of Barpeta.

(3.) The appointment of the respondent No.7 as Special Public Prosecutor is challenged by the petitioner in this writ petition mainly on the ground that she was appointed without following the procedures as laid down under Sec. 24 of the Code of Criminal Procedure, 1973 [in short, "Cr.P.C., 1973"].