THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.215 OF 2010 1st June, 2010. Between: B.VENKATESWARA RAO .. APPELLANT AND THE STATE OF A.P. REP. BY ITS SECRETARY TO GOVERNMENT LEGISLATIVE AFFAIRS AND JUSTICE, DEPARTMENT OF LAW, SECRETARIAT, HYDERABAD AND ANOTHER .. RESPONDENTS THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.215 OF 2010 JUDGMENT: (Per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) 1. The appellant being aggrieved of the appointment of 2nd respondent as Special Public Prosecutor, consequently the writ petition but in vain, therefore this appeal on the ground that failure of the District Judge to convey the performance of the writ-petitioner appellant to the Collector vitiates the appointment of 2nd respondent. To appreciate the contention reference to sub section(8) of section 24 Cr.P.C becomes imperative which reads: “ Section 24(8): The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.” 2. What is discernable from a plain reading of the provision aforementioned is that on the one hand it identifies the authority that has competence to appoint a Special Public Prosecutor and on the other it prescribes the eligibility an aspirant for the post is required to be possessed of. It certainly does not cast any duty on the District Judge to certify the performance of an incumbent of the office of the Special Public Prosecutor desirous for his continuation. It also does not envisage forwarding of a panel of lawyers by the District Judge, however even if so done as averred in the present case, we find nothing wrong in law with such course. 3. In the aforementioned background, we are of the opinion that indulgence has been very rightly declined by the Writ Court. Dismissed. SANJAY KUMAR, J. NISAR AHMAD KAKRU, C.J. 1st June, 2010. Nagesh Babu THE HON’BLE THE CHIEF JUSTICE SHRI NISAR AHMAD KAKRU AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT APPEAL NO.215 of 2010 O R D E R: (Per the Hon’ble the Chief Justice Shri Nisar Ahmad Kakru) 1st June, 2010.