- (1.) It is submitted that one Bidyut Roychowdhury, learned Counsel, appointed as the Special Public Prosecutor in respect of the Special Court in the district of Birbhum is illegally conducting the trial pending before the Special Court at Berhampore in the district of Murshidabad.
(2.) Mr. Roy, learned senior Counsel appearing for the petitioner submits that the aforesaid Counsel had not been appointed as a Special Public Prosecutor for the Special Court at Berhampore and therefore he is not empowered to conduct the trial.
(3.) Learned Counsel appearing for the State, relies on a notification wherefrom it appears that Mr. Roychowdhury, learned Counsel has been appointed as a Special Public Prosecutor under Section 24(8) of the Code of Criminal Procedure to conduct the said prosecution. The notification is kept with the record.;