Ashok Bhushan, J.

This Writ Appeal has been filed against the judgment and order dated 20.06.2012 in W.P(C) No.29355 of 2011 by which judgment, the Writ Petition filed by the appellants challenging the appointment of the 4th respondent as Special Public Prosecutor to conduct a criminal case in which they are accused has been dismissed.

2. In the Writ Petition counter affidavit was filed by the 5th respondent, Assistant Commissioner of Police, Ernakulam. Affidavit dated 27.05.2015 by the appellants has also been filed in this appeal bringing certain documents on record. Aggrieved by the dismissal of the Writ Petition, this Writ Appeal has been filed by the petitioners.

3. Brief facts of the case as emerged from the materials on record are as follows: Petitioners are accused in Crime No.672 of 2006 which is now pending trial before the learned Additional Chief Judicial Magistrate, Ernakulam as C.C. No.850 of 2011. Petitioners have been charged under Sections 3, 4 and 5 of the Prise Chits and Money Circulation Scheme (Banning) Act, 1978 along with Section 420 of the Indian Penal Code. The Crime was registered on the directions issued by the third respondent who at the relevant time was working as Inspector General of Police, South Zone, Thiruvananthapuram. Petitioners had filed W.P(C) No.12775 of 2006 for quashing the FIR which prayer was refused by judgment dated 05.07.2006 of this Court reported in Achamma Chacko v. Government of Kerala, 2007 (2) KLT SN 68 (Case No.91)). Petitioners again brought Crl.R.P. No.4126 of 2006 to get discharge of the offences levelled against them attributing mala fides on the part of the 3rd respondent. This Court decided the Revision rejecting the prayer for discharge which is reported in Kuriachan Chacko v. State of Kerala, 2007 (3) KLT 843. Before the trial court applications were filed on behalf of the Prosecution for suspending further trial and directing re-investigation for bringing more evidence which application was rejected. The 3rd respondent who was transferred from his earlier post and working as Additional Director General of Police and Transport Commissioner wrote a letter dated 24.06.2011 to the Honourable Chief Minister of Kerala requesting intervention in the matter for bringing evidence and witnesses for trial as stated in the letter of Senior Assistant Public Prosecutor sent to the Director General of Prosecution and request was made to the DGP for taking emergency measures. It was further stated that considering importance of the case, a Special Public Prosecutor (Shri S. Sreekumar, Former CBI Counsel) be appointed for the benefit of the case and for other similar money chain cases. After receipt of the aforesaid letter by the Government, the Government by letter dated 08.07.2011 directed the DGP to examine the letter sent by the 3rd respondent and offer his views on the appointment of Special Public Prosecutor. The DGP submitted his report dated 25.08.2011 to the Government recommending that the 4th respondent be appointed as Special Public Prosecutor to conduct the case. After considering the report dated 25.08.2011, the Government appointed the 4th respondent as Special Public Prosecutor by order dated 20.09.2011. Petitioners, aggrieved by the said appointment of the 4th respondent as Special Public Prosecutor, filed the Writ Petition praying for quashing Ext.P7 order dated 20.09.2011. Learned Single Judge by his elaborate judgment dated 20.06.2012 upheld the appointment of the 4th respondent as Special Public Prosecutor repelling the objections raised by the petitioners to such appointment. This Writ Appeal has been filed challenging the judgment of the learned Single Judge.

4. Shri K.Ramakumar, learned Senior Advocate appearing for the appellants in support of the Writ Appeal has raised the following submissions:

(i) The appointment of Special Public Prosecutor by the State Government has been done without following the consultative procedure as required by Section 24(