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1999 Supreme(Del) 971

R.S.SODHI
JITENDERA KUMAR AJJU – Appellant
Versus
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) – Respondent


Advocates Appeared:
K.C.MITTAL, SANDiP SETHI

Anil Dev Singh, J.

( 1 ) RULE D. B.

( 2 ) THIS is a writ petition whereby the petitioner seeks quashing of the notification dated March 9, 1998 issued by the Deputy Secretary (Home), Government of NCT of Delhi. By this notification respondent No. 2 has been appointed as Special Public Prosecutor to conduct case FIR No. 340/96 under Sections 363/302/201 Indian Penal Code. , P. S. Nangloi, on behalf of the State. The facts giving rise to this petition are as follows:-

THE petitioner is facing trail in the aforesaid case under Section 302 Indian Penal Code for the murder of Master Hunni. The petitioner is aggrieved by the appointment of Shri P. L. Kaira, Advocate, respondent No. 2 as the Special Public Prosecutor for conducting the prosecution before the trial court on behalf of the State in the aforesaid case on the ground that respondent No. 2 was a counsel for the complainant, Shri Suresh Kaira, a relative of the deceased, in a complaint filed against the petitioner and several others under sections 302/201/364a/363/217/218/219/221/225a/193/196/120b/109/34 Indian Penal Code for the same offence in which it was alleged that the deceased had been murdered on May 13, 1996 by the respon


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