THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1284 of 2014 DATE: 16.10.2014 Between:
Madiga Anand, Kurnool District.
… Appellant And Government of Andhra Pradesh, Rep. by its Secretary, Department of Law (LA & J – Home – Courts.A.1), Secretariat, Hyderabad and others … Respondents This Court made the following:
THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT APPEAL No.1284 of 2014 Judgment: (per Sri Sanjay Kumar,J) The first petitioner in W.P.No.3420 of 2014 is in appeal against the order dated 25.03.2014 passed by the learned Single Judge dismissing the Writ Petition.
The challenge in the Writ Petition was to the action of the respondents therein in allowing the trial in Sessions Case No.63 of 2009 on the file of the learned II Additional Sessions Judge, Kurnool at Adoni, through a Prosecutor other than the Special Public Prosecutor appointed vide G.O.Rt.No.1063 dated 29.06.2012. On a detailed conspectus of the facts and issues before him, the learned Single Judge dismissed the Writ Petition by a reasoned order.
Perusal of the order under appeal and the material on record reflects that there was no specific order appointing a Special Public Prosecutor for prosecuting the trial of Sessions Case No.63 of 2009. As the regular Public Prosecutor attached to the Court who was conducting this case excused himself due to the personal reasons, the prosecution was directed to be entrusted to the Special Public Prosecutor attached to the Special Court for Trial of Cases under Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989. This entrustment cannot be treated as an exercise under Section 24 (8) of the Code of Criminal Procedure, 1973, appointing a Special Public Prosecutor for this particular Sessions Case.
It appears that thereafter, the Special Public Prosecutor who was entrusted with this case also excused himself, which led to the entrustment of the case to the Additional Public Prosecutor Grade – I attached to the II Additional District & Sessions Court, Kurnool at Adoni. As the incumbent was transferred, the case has been entrusted to the Additional Public Prosecutor Grade - II, who was given full additional charge of the post of Additional Public Prosecutor Grade – I of the Sessions Court at Adoni.
In the light of the aforestated facts, we are unable to see as to how there is any infraction of the statutory mandate or how any prejudice is caused to the appellant. The order under appeal therefore does not warrant interference. The Writ Appeal is without merit and is accordingly dismissed.
Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J Date: 16.10.2014
va