Kaushlendra Nr.Shrivastava vs The State Of Bihar &Amp; Ors on 14 February, 2011

Patna High Court – Orders

                  IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CWJC No.18141 of 2009
         1. KAUSHLENDRA NARAYAN SHRIVASTAVA S/O LATE DEVENDRA
         PRASAD SINHA R/O VILL.- SIMRI, P.O. KANSI SIMRI, DISTT.-
         DARBHANGA
                              Versus
         1. THE STATE OF BIHAR
         2. THE SECRETARY, LAW DEPARTMENT, SECRETARIAT BIHAR,
         PATNA
         3. THE DISTRICT MAGISTRATE, DARBHANGA
         4. MR. RAMESH LAL RAMAN ADVOCATE S/O FATHER NAME NOT
         KNOWN TO THE PETITIONER VAKALATKHANA CIVIL COURT,
         DARBHANGA
                                       -----------

2. 14.02.2011 Heard learned counsel for the petitioner and the

State.

The petitioner, questions the appointment of

respondent no. 4, as a Special Public Prosecutor to

conduct cases under the Essential Commodities Act on

behalf the State in the District of Darbhanga.

Learned counsel submits that the appointment

was not in accordance with the scheme of Section 24 of the

Code of Criminal Procedure requiring preparation of a

panel by the District Magistrate in consultation with the

Sessions Judge.

Counsel for the State relies upon a Division

Bench judgment reported in 1994(1) PLJR 516 and

submits that the provisions of Section 24(4) and Sub

Clause (5) are independent from sub Clause (8). The State

Government was therefore fully competent to make

appointment of a person in accordance with Section 24 (8).
2

In view of the authoritative pronouncement of the

Division Bench when nothing to the contrary has been

placed before this Court, it is difficult to grant any relief to

the petitioner.

The application is dismissed.

P. Kumar                                     ( Navin Sinha, J.)

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