1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 809 of 2010 Hemant Sudhakar Madane Age 44 years, Occ. Journalist R/o. “Janshakti”, Veer Sawarkar Road, Dhule, Tq. And Dist. Dhule. Petitioner Versus 1] The State of Maharashtra (Law and Judiciary Deapartment) 2] Hiralal S/o. Kashinath Thakur Age __ years, Occ. Service R/o. Deputy Registrar, Cooperative Societies Dhule. Tq. And Dist. Dhule. Respondents Mr.C.R. Deshpande, Advocate for the petitioner Mr. N.B. Khandare, Govt. Pleader for respondent No.1 Mr. K.C. Sant, Advocate for respondent No.2. CORAM : B.R. GAVAI & R.M. BORDE,JJ. DATE : 25TH NOVEMBER, 2010. ORAL JUDGMENT [ PER B.R. GAVAI, J] : 1] Rule. Rule made returnable forthwith and heard finally by consent of parties. 2 2] The petitioner herein has challenged the order of the State Government dated 3rd March, 2010, thereby appointing one Shri Sushil Achyut Atre, as a Special Public Prosecutor. The limited grievance of the petitioner is that from the impugned order, it could not be said that any special circumstances are made out for grant of appointment of Special Public Prosecutor. The learned counsel, in this respect, relies on the judgment of the Apex Court in the case of “Mukul Dalal and others Vs. Union of India and others” reported in (1998)3 SCC 144. The Apex court, in the aforesaid case has held in categorical terms that the appointment of Special Public Prosecutor should not be made as a matter of routine and unless a case of special circumstances is made out, the appointment of Special Public Prosecutor should not be made. In that view of the matter, we are inclined to quash and set aside the impugned order. 3] The impugned order is quashed and set aside. We make it clear that we have not considered the merits of the matter and respondent State would reconsider the matter and in case if it is found that the appointment of Special Public Prosecutor is necessary, would give reason in support of such order. Rule made absolute in aforesaid terms, with no orders as to costs. [R.M. BORDE,J.] [B.R. GAVAI,J.] grt/wp