JUDGMENT : 

2. Feeling aggrieved by the order dt. 28-4-2009 (Annexure P/l) passed by the Secretary, Law and Legislative Department of the State Government thereby appointing the third respondent as Special Public Prosecutor in Sessions Trial No. 197/2009 pending before the Sessions Judge, Ujjain, the petitioner/accused has filed this petition.

3. Briefly stated Police Madhavnagar, Ujjain has filed a challan against the petitioner in Crime No. 804/2008 before the Chief Judicial Magistrate, Ujjain for committing offence under sections 302, 394/34 the Indian Penal Code. On 23-3-2009 before committal of the case by the Chief Judicial Magistrate to the Sessions Court, the complainant/intervenor submitted an application (Annexure P/2) before the Collector/District Magistrate, Ujjain for appointment of the third respondent as Special Public Prosecutor for conducting the said case. On receipt of the said application the Collector, Ujjain sought report from the Dy. Director Prosecution, Ujjain. The Deputy Director vide his letter dt. 25-3-2009 (Annexure P/4) recommended for appointment of the third respondent as Special Public Prosecutor for conducting the said cas