required in law is to be filed
only by the Public Prosecutor. In support of the aforesaid submissions, he
has drawn inspiration from the authorities ... motu and an application either filed by the Public Prosecutor or by the
informant is only to bring the said facts to his notice
Court, but has to act under the directions of Assistant
Public Prosecutor in charge of the case.
3. The facts which are requisite ... learned
Magistrate seeking permission to be heard along with the Assistant
Public Prosecutor. The learned Magistrate after hearing the learned
counsel for the parties observed
When the case came up for hearing on charge the public prosecutor
filed a petition on 22.06.2009 to withdraw the case against the accused
officer ... that was annexed to the petition of the
Special Public Prosecutor wherein it was mentioned that on the due
examination the Government had found regard
Criminal Case No. 5495/96 whereby an application preferred by the Public Prosecutor under Section 321 of the Code of Criminal Procedure (hereinafter referred ... District Magistrate Bhopal with a copy there of to the Public Prosecutor to move an application Under Section 321 of the Code for withdrawing
approval of the
withdrawal from prosecution and directed that the Assistant Public
Prosecutor concerned may be asked to move the application in the court ... mentioned cases
11. After the Government issued the orders, the Assistant Public
Prosecutor filed an application on 24.11.2011 under Section
Shahdol, the respondent No. 2 herein, for appointment of a Special Public Prosecutor for conducting the case and expressed his willingness to pay the fees ... such Special Public Prosecutor. On the basis of the aforesaid application the District Magistrate vide Annexure P2 appointed the respondent No. 3 as the Special
appellant') was appointed as an Additional Government Pleader-cum-Assistant Public Prosecutor for Begumganj, District Raisen and while functioning in the said post ... respondent came to be appointed as Additional Government Pleader-cum-Assistant Public Prosecutor by order dated 6-10-2004 passed by the respondent State
pendency of the criminal case, a petition was filed by the Public
Prosecutor to withdraw from the prosecution. The learned Chief Judicial
Magistrate vide order ... dated 04.01.2012 allowed the application and
permitted the Public Prosecutor to withdraw from the prosecution.
2. The said order was assailed by the appellant herein
Shahdol, the respondent No, 2 herein, for appointment of a Special Public Prosecutor for conducting the case and expressed his willingness to pay the fees ... such Special Public Prosecutor. On the basis of the aforesaid application the District Magistrate vide Annexure P. 2 appointed the respondent
deceased the respondent No. 4 has been appointed as Special Public Prosecutor in respect of the session trial where the petitioner along with his father ... stand in the petition that engagement of a Special Public Prosecutor in a case has a different conception but the said concept has not been
