LAWS(JHAR)-2005-6-54

PRADIP KUMAR TIWARY Vs. STATE OF JHARKHAND

Decided On June 14, 2005
Pradip Kumar Tiwary Appellant
V/S
STATE OF JHARKHAND Respondents

JUDGEMENT

(1.) THE petitioners have filed this writ petition for quashing the order as contained in letter 4.3.2005 issued under the signature of Law Secretary, Law Department, Government of Jharkhand, whereby the petitioners, appointed as Special Public Prosecutors, have been debarred from conducting the proceedings of Sessions Trial No. 117 of 2002 pending before the Additional Judicial Commissioner, Ranchi.

(2.) THE case of the petitioners is that a criminal case being Sessions Trial No. 117 of 2002 pending in the Court of Sessions Judge, Siwan has been transferred to Ranchi for trial by the order of the Supreme Court in Transfer Petition (CRL) Nos. 3, 94 -98 of 2001. It is contended that by the order of the Supreme Court, the petitioners along with their juniors were appointed as Special Public Prosecutors to conduct the trial of the aforesaid Sessions Case having been appointed by the Law Department of Bihar by letter dated 2.7.2002. However, respondent No. 4, the son of the informant, filed a petition in the Supreme Court making a prayer to appoint a different Special Public Prosecutor and the said application was dismissed vide order dated 20.12.2002. It as stated that respondent No. 4 again filed a petition before this Court being W.P. (Cr) No. 34 of 2003 and made a prayer for appointment of another Public Prosecutor, but the said writ petition was dismissed with a direction to conclude the trial expeditiously.

(3.) IT appears from the counter affidavit that on the application filed by the informant in the Sessions Case at Ranchi mentioning the irregularities committed by the present petitioners, the trial Court vide order dated 6.10.2004 requested the Government of Jharkhand to send instructions. The Government of Jharkhand in pursuance of the observation given by the trial Court, issued the impugned order removing the petitioners from conducting the Sessions Trial.