NEMI CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard rival submissions.

(2.) The appellant seeks to challenge the ordre dated March 5, 2003 of the learned single Judge, whereby the writ petition assailing the appointment of Shri Mani Ram Sharma, Advocate as Special Public Prosecutpr to handle the criminal case, was dismissed.

(3.) Brief resume of the case is that Shri Mani Ram Sharma, Advocate, who already represented the complainant, was appointed as Special Public Prosecutor by the State Governmet u/S. 24(8) of the Code of Criminal Procedure in a Criminal case bearing FIR No. 15/2000 registered at Police Station Sadar, Jhunjhunu u/Ss. 147, 148, 149, 365, 302, IPC. Contention of learned counsel before the learned single Judge was that the State Government while appointing Shri Mani Ram Sharma as Special P.P. did not apply its mind. Shri Mani Ram Sharma had already appeared on behalf of the complainant and in view of the fair trial, his appointment was bad in law. Learned single Judge did not agree with the submissions and dismissed the writ petition.