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2005 Supreme(MP) 1235

S.K.SETH
ANNOP – Appellant
Versus
STATE OF M. P. – Respondent


( 1 ) PETITIONER is assailing the validity of Order dated 22-6-2005. By the said order, State Government exercising powers conferred by Section 24 (8) of the Code of criminal Procedure, 1973 appointed respondent No. 2 as Special Public Prosecutor to conduct S. T. No. 156/2005 pending in the court of First ASJ, Mhow.

( 2 ) PETITIONER is an accused of having committed alleged offences punishable under sections 302, 147, 148, 149, 307/149. According to prosecution story, incident took place on 7-12-2004 leading to murder of gaya Prasad and injuries to Sohan and vijay. Vijay lodged the FIR setting the police machinery in motion and a criminal case was registered at Crime No. 442/04 at P. S. Kishanganj. After investigation, Police filed the charge-sheet against petitioner and other co-accused persons. That is how petitioner is arraigned before the Court below as one of the accused in the Sessions Trial. By order dated 22-6-2005, respondent No. 2 is appointed as Special Public Prosecutor to conduct the said Sessions Trial. On 4-8-2005 an application was made before the learned ASJ, challenging appointment of respondent No. 2 as Special Public Prosecutor. Said application was rejected vid










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