STATE OF RAJASTHAN Vs. PEMARAM

JUDGEMENT

(1.) These two petitions have been moved under Section 482, Cr. P.C., 1973 (hereinafter referred to as 'the Code') against the similar orders of the Additional Sessions Judge, Bali dated November 16, 1987 by which he granted last opportunity for the appointment of a Special Public Prosecutor and awarded Rs. 1000/- each as costs to the accused persons in Sessions Trials Nos. 53/85 and 1/85 of his court. The facts of the cases giving rise to these Petitions may be summarised thus.

(2.) In the aforesaid Sessions trials, the accused-respondents were committed to the court of Additional Sessions Judge, Bali. In both the cases, the Additional Public Prosecutor Shri Manohar Singh Advocate appearing in his court disclosed on July 15, 1986 and Aug. 25, 1986 respectively that he would not be able to conduct the cases on behalf of the State as he had been the counsel for the accused-persons. The same day, the Additional Sessions Judge, Bali directed Shri Manohar Singh, A.P.P. to get a Special Public Prosecutor appointed for the cases and he also moved the District Magistrate, Bali and the Law Department, Government of Rajasthan, Jaipur for this purpose. Till November 16, 1987, no Special Public Prosecutor was appointed. As a result thereof, no progress took place in the cases and the accused-persons unnecessarily attended the court on seven dates fixed during the period. Ultimately, the Addl. Sessions Judge, Bali passed the aforesaid orders on November 16, 1987 which have been challenged in these Petitions.

(3.) The Public Prosecutor contended that the learned Addl. Sessions Judge seriously erred in awarding the costs against the Government, the court could refuse adjournment and proceed further with the cases and it had no power to impose the cost. He also contended that in March, 1988, the Government has appointed A.P.P.I as a Special Public Prosecutor for these cases.