A fine gesture by a senior member of the Palaghat Bar, the second respondent herein, has relieved the Court of the duty of pronouncing upon the validity of his appointment under Ext. P-1 Government Order as Special Public Prosecutor to conduct the prosecution in Sessions Case No. 16 of 1980 on the file of the Court of Session, Palghat. His appointment is objected to by the accused in the Sessions Case as contrary to law and mala fide. He has gracefully withdrawn his consent for appointment; hence Ext. P-1 order has become ineffective.

2. Third respondent herein, the brother of the deceased involved in S.C. No. 16 of 1980, moved the Government for appointment of Special Public Prosecutor to conduct the case on the ground that the accused as well as the Public Prosecutor are sympathisers of a particular political party and that the Public Prosecutor did not discharge her duties properly inasmuch as she did not even oppose the bail application. However, it was not the Public Prosecutor, who appeared for the State in the bail application; but it was the Additional Public Prosecutor, who did so. Whatever it be, the bail application was not opposed and the accused was let out