- (1.) THIS appeal is directed against the judgment and order of the learned single Judge dated 14.06.2005 dismissing the writ application filed by the appellants herein on the ground that the writ petitioners had no legal right to conduct the proceedings as public Prosecutors.
(2.) AS will appear from, the materials on record the appellants herein were appointed as Special Public Prosecutors to conduct Sessions Trial No. 117/2002 which was initially pending in the Court of Sessions Judge, Siwan and was transferred by the Hon ble Supreme Court to Ranchi for trial. It appears that an application had been filed by the son of the informant in the Supreme Court for appointment of different Special Public Prosecutors, but the said application was dismissed on 20th December, 2002 on the ground that it had been made in a disposed of transfer application. The son of the informant, thereafter, filed another petition in this Court being WP (Cri) No. 34/2003 which was dismissed on the concession made on behalf of writ petitioner that he had no grievance regarding the manner in which the case was being conducted by the Special Public Prosecutors appointed by the State of Bihar. Claiming that no such instruction had been given to the learned Advocate for making such submission the son of the informant filed a review petition being LA. No. 184/2004 in the disposed of Cr. Writ Petition which was disposed of on 16th April, 2004 with a direction that the order dated 16th January, 2004 by which earlier writ application had been dismissed could not be reviewed nor modified but if the writ petitioner had any grievance against the Special Public Prosecutors who were conducting the case, he could move the lower Court itself which could seek instruction from the State of Jharkhand for doing the needful.
(3.) PURSUANT to such liberty an application appears to have been made before the learned trial Court which referred the matter to the State of Jharkhand in terms of the liberty granted by this Court and the State of Jharkhand, in its turn, removed the writ petitioners/appellants from further conducting the trial and appointed other Special Public Prosecutors in their place. It is the said ordered dated 4th March, 2005 issued under the signature of the learned Secretary, Law Department, Government of Jharkhand which was the subject matter of the writ petition filed by the appellants herein and which the appellants contended was beyond jurisdiction and was liable to be quashed.;