NEERAJ JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The present writ petition has been filed against the order dtd. 30/1/2019 (Annex.4) passed by the Secretary to the Government, Govt. of Rajasthan, Department of Law, whereby, the file of Sessions Case No. 205/2015 arising out of the FIR No. 58/2003 was transferred to Shri Prem Singh Panwar, who is the regular Additional Public Prosecutor in the Court of Additional Sessions Judge (Women Atrocities Cases), Udaipur.

(2.) Learned counsel for the petitioner submits that the respondents vide order dtd. 28/3/2018 appointed Shri Shreejee Bhavsar as the Special Public Prosecutor in Sessions Case No. 205/2015 arising out of FIR No. 58/2003 registered at Mahila Thana, Udiapur. Learned counsel further submits that Shri Shreejee Bhavsar was appointed as Special Public Prosecutor taking into consideration the special circumstances of the case and while he was conducting the case, the files have been ordered to be transferred to Shri Prem Singh Panwar who is working as the Additional Public Prosecutor without revoking the order in favour of Shri Shreejee Bhavsar. He, therefore, prays that this writ petition may be allowed and Shri Shreejee Bhavsar may be allowed to continue to appear in the case as Special Public Prosecutor.

(3.) A reply has been filed by the State, wherein, it is stated that Shri Prem Singh Panwar is a regularly appointed Public Prosecutor and he is a competent person to represent the case before the learned trial court. The appointment of Shri Prem Singh Panwar is in consonance with the provisions of law.