B. S. CHAUHAN, J.

( 1 ) THE instant writ petition has been filed for quashing the order dated 13-9-2001 (Annex. 1) passed by the respondent No. 1 under sub-section (8) of Sec. 24 of the Code of Criminal Procedure (hereinafter referred to as the "crpc") appointing respondent No. 3 as a Special Public Prosecutor on the application of respondent No. 2 complainant in a criminal case.

( 2 ) THE facts and circumstances giving rise to this case are that the petitioners are facing criminal trial for offence punishable under Sec. 302, IPC etc. The respondent No. 2-complainant (brother of the deceased) filed an application before the respondent No. 1 that Public Prosecutor in the Sessions Court would not be able to conduct the trial for being very busy and hence the State should appoint respondent No. 3 as Special Public Prosecutor on his expenses. Respondent No. 1 passed the impugned order dated 13-9-2001 (Annex. 1) appointing respondent No. 3 as a Special Public Prosecutor. Petitioners filed an application before the learned Sessions Judge, Jodhpur for quashing of the said appointment order dated 13-9-2001 (Annex. 1) but the same has been rejected vide order dated 4-10-2001 (Annex