A. P. LAVANDE, J.

( 1 ) RULE. Respondents waive notice on Rule. Taken up for final hearing by consent of all the parties.

( 2 ) BY this petition, the petitioners challenge the order dated 4-9-2004 passed by respondent No. 1 by which Shri Avinash Gupta, Advocate, Nagpur, has been appointed as Special Public Prosecutor for conducting the Sessions trial and the incidental proceedings arising out of CR No. 204 of 2004 of Police station, Kotwali, Nagpur, before the Sessions Court, Nagpur. The petitioners have also sought incidental reliefs in the nature of investigation into the matter of appointment of Advocate Gupta as Special Public Prosecutor by the impugned order dated 4-9-2004.

( 3 ) WE have heard Mr. Madkholkar, learned counsel for the petitioners, Mr. Loney, learned Additional Public Prosecutor for respondents Nos. 1 and 2 and mr. Shashank Manohar, learned counsel for respondent No. 3.

( 4 ) BRIEFLY, the facts leading to filing of the present petition, are as follows :- the petitioners along with one Mahesh Baheti are accused in Sessions trial No. 464/2005 which is pending before 6th Ad hoc Additional Sessions judge, Nagpur. The charge-sheet was filed under sections 304