Ferdino Inacio Rebello, C.J. and Pradeep Kant, J.;-

Petitioner Shekhar Tiwari, who is a sitting Member of the Legislative Assembly (M.L.A.), is facing trial in Sessions Trial No. 446/2009, under Sections 147, 148, 149, 323, 342, 457, 364, 302, 201, 120-B, 506 IPC and Section 7 Criminal Law Amendment Act, before the Court of Special Judge (Ayodhya Prakaran), Lucknow.

2. Shorn of unnecessary details, the petitioner is aggrieved by an order passed by the State Government on 9.3.2009 in exercise of powers under Section 24 (8) of the Code of Criminal Procedure, 1973, hereinafter referred to as the Cr.P.C, appointing the respondent no. 2 Sri Indra Bhushan Singh, Senior Advocate as Special Public Prosecutor to conduct the aforesaid criminal trial.

3. Challenge to the aforesaid order dated 9.3.2009 has been mainly made on the following grounds:

(1)The appointment of respondent no. 2, a designated Senior Advocate as Special Public Prosecutor, is not in consonance with the provisions of Section 24, in particular sub-section (8) of the Cr.P.C;

(a) Such an appointment of Special Public Prosecutor for no valid reason impinges upon the right, either of the accused or of the victim, to have a fair tri

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