( 1 ) BY this petition under Article 226 of the Constitution of India, the petitioner challenges the order dated 21-9-95, by which the respondent No. 3 Shri Sharad Chandra Chaturvedi, Advocate has been appointed as a Special Public Prosecutor under Section 24 (8) of the Code of Criminal Procedure for conduction of criminal case No. 169/94 (State of M. P. v. Rajendra Nigam @ Rajan Nigam ).

( 2 ) THE petitioner submits that criminal case No. 169/94 is pending in the Court of Shri P. C. Mishra, Judicial Magistrate First Class, Jabalpur for trial of the offence punishable under Section 498-A of IPC. The respondent No. 4 is the complainant in the said case. On report of respondent No. 4, the police registered the offence and on conclusion of the investigation filed the charge-sheet. The learned Judicial Magistrate, 1st Class framed the charges under Section 498-A of Indian Penal Code read with Section 3/4 of Dowry Prohibition Act. In the said case, the State was being represented by A. P. P. Shri Anupam Pathak. On 22-7-95, an application under Section 301 (2) of the Code of Criminal Procedure was filed for appointment of the respondent No. 3 to assist the prosecution. The