1. Both these writ petitions are taken up together for consideration as the question of law that falls for consideration is identical in both the cases.

W.P. No. 7446 of 2013

W.P. No. 7446 of 2013 is instituted by two petitioners challenging the validity of the orders passed by the State government through their G.O.Rt.No.221 dated 08.02.2013 in entrusting the conduct of prosecution in S.C.No.479 of 2011 on the file of Assistant Sessions Court, Gudivada, Krishna District to Sri B.Ramakoteswara Rao, Additional Public Prosecutor, Grade-I, attached to II Additional District and Sessions Judge cum Metropolitan Sessions Judge Court, Vijayawada, as illegal.

The two petitioners are the accused in S.C.No.479 of 2011 for offences punishable under Sections 450, 452, 307, 326 read with 34 of Indian Penal Code (for short “IPC”) and Sections 3 and 4 of Medical Protection Act, 2008. The charge sheet sets out that the accused have planned to do away with the life of the 4th respondent, a medical practitioner. As part of the said plan, it is alleged, that on 10.05.2011 at about 09.00 p.m. the accused armed with glass bottles trespassed into the nursing home of the 4th respondent and rebuking her in filthy language, closed the doors of her consultation room where they have broken the bottles and using the sharp end stabbed her on her head and stomach uttering the words that they are not going to leave her alive. Injuries were also caused on her head and hands and in the meantime one J.Venkateswara Rao broke open the door and rescued her. Initially she was shifted to a private nursing home and from there to Government hospital. The Assistant Sub-Inspector of Police recorded the statement of the 4th respondent and then registered it as Crime No.55 of 2011 and took up the investigation, which ultimately resulted in charge sheet being filed in S.C.No.479 of 2011. There was a regular Additional Public Prosecutor attached to the Assistant Sessions Court at Gudivada, but however on a representation said to have been submitted by the 4th respondent on 01.10.2012 to the District Collector seeking prosecution to be entrusted to Sri B.Ramakoteswara Rao, Addl. Public Prosecutor, Grade – I attached to the II Additional District and Sessions Judge – cum – Metropolitan Sessions Judge Court, Vijayawada, her request has been conceded by the State. Since the State government passed orders through their G.O.Rt.No.221 dated 08.02.2013 entrusting the conduct of prosecution in S.C.No.479 of 2011 to Sri B.Ramakoteswara Rao, without examining the necessity to change the public prosecutor attached to the Assistant Sessions Court at Gudivada, it is contended on behalf of the petitioners that, the same is bad in law.

Learned counsel for the petitioners Sri Narasimha Rao placed reliance upon the judgment of the Division Bench rendered in “State of A.P v. Margadarsi Financiers, Hyderabad (2009 (2) ALD (Cri) 300), “Paramjit Singh Sadana v. State of A.P. (2008 (1) ALD (Crl.) 712 (A.P.)), “Mukul Dalal and others v. Union of India and others (1988 (3) SCC 144), “Madho singh and another v. State of Rajasthan and others, (2002 Crl.L.J. 1694)“Bhopal Singh v. The State of Rajasthan, (2001 Crl.L.J. 912)“Katasani Rami Reddy v. Government of A.P. (2004 (1) ALD (Crl.) 43)and “State of Rajasthan vs. Anand Prakash Solanki” (2003 (7) SCC 403)in support of his plea that the impugned order is not sustainable.

W.P. No. 20965 of 2013

The petitioner in this case challenges the validity of the orders passed by the State Government contained in their G.O.Rt.No.874, Law (LA & J - Home-Courts-A.1) Department dated 30.04.2013.

The petitioner and the 3rd respondent, the de facto complainant, were married to each other on 04.03.1994. Having lived with each other for about 14 years, the 3rd respondent has lodged a complaint with the Mahila Police Station at Nellore, where the marriage took place, alleging offences under Sections 498-A and 420 of I.P.C. and Sections 3 and 4 of Dowry Proh