K.M. Agarwal, J.

1. By this petition under Article 226 of the Constitution, the petitioners are challenging the order dated 1-3-1991 (Annexure F) made by the State Government in exercise of its powers under Section 24(8) of the Code of Criminal Procedure, 1973, whereby the respondent No. 2 Shri S. C. Dutt was appointed as a Special Public Prosecutor for conducting the prosecution of the petitioners in Sessions Trial No. 341/90, pending in the Court of Additional Sessions Judge, Jabalpur.

2. Facts are not in dispute. One Aditya Kumar alias Babban Choukse died on 23-5-1990 as a result of injuries caused to him in the incident dated 18-5-1990. The offence under Section 307, Indian Penal Code initially registered against the petitioners was converted into an offence under Section 302, Indian Penal Code. The deceased himself had criminal antecedents and in one of the criminal cases registered against him for an offence under Section 302, Indian Penal Code, the respondent No. 2 Shri S. C. Dutt had obtained anticipatory bail for him. In the present Case, after being arrested for an offence under Section 307, Indian Penal Code in connection with the said incident dated 18-5-1990, the pe