1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 321 of 2008 RAMNIWAS V/S STATE & ANR Mr. PRADEEP CHOUDHARY, for the appellant / petitioner Date of Order : 6.5.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- Heard learned counsel for the appellant, and perused the impugned order, and also considered various judgments cited by learned counsel. In our view, the contentions advanced, about the order having been passed without any application of mind, or without considering relevant consideration etc., cannot be considered, for the reason, that in that regard no material has been placed. We have simply been read Annex.P/2, the order, whereby the Special Public Prosecutor was appointed, and it was contended that this order does not contain any reasons. It would suffice to say that Annex.P/2 is only a formal appointment order, the reasons must be there in the file, and from perusal of the order- sheets of the learned trial Court, it transpires that Shri Nand Kishore was alreay appearing for the complainant practically right since beginning, to which the appellant 2 never objected, that apart, it also appears from the order- sheets that on number of occasions, adjournments were sought on the side of the complainant for getting the Public Prosecutor changed, which all clearly show that the matter must have been considered by the State Government for quite some time, and in detail, and then the order, Annex.P/2 appears to have been passed. It is contended by learned counsel that the Special Public Prosecutor has discharged number of witnesses. In our view, discharging some or many of the prosecuting witnesses can hardly be said to be causing prejudice to the appellant, so as to entitle him to contend that appointment of the Special Public Prosecutor will prejudice the fair trial of the case. In view of the above, though for different reasons, but we do not find any ground to interfere with the impugned order of the learned Single Judge. The appeal is, therefore, dismissed summarily. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /tarun/