IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.18141 of 2009 1. KAUSHLENDRA NARAYAN SHRIVASTAVA S/O LATE DEVENDRA PRASAD SINHA R/O VILL.- SIMRI, P.O. KANSI SIMRI, DISTT.- DARBHANGA Versus 1. THE STATE OF BIHAR 2. THE SECRETARY, LAW DEPARTMENT, SECRETARIAT BIHAR, PATNA 3. THE DISTRICT MAGISTRATE, DARBHANGA 4. MR. RAMESH LAL RAMAN ADVOCATE S/O FATHER NAME NOT KNOWN TO THE PETITIONER VAKALATKHANA CIVIL COURT, DARBHANGA ----------- 2. 14.02.2011 Heard learned counsel for the petitioner and the State. The petitioner, questions the appointment of respondent no. 4, as a Special Public Prosecutor to conduct cases under the Essential Commodities Act on behalf the State in the District of Darbhanga. Learned counsel submits that the appointment was not in accordance with the scheme of Section 24 of the Code of Criminal Procedure requiring preparation of a panel by the District Magistrate in consultation with the Sessions Judge. Counsel for the State relies upon a Division Bench judgment reported in 1994(1) PLJR 516 and submits that the provisions of Section 24(4) and Sub Clause (5) are independent from sub Clause (8). The State Government was therefore fully competent to make appointment of a person in accordance with Section 24 (8). 2 In view of the authoritative pronouncement of the Division Bench when nothing to the contrary has been placed before this Court, it is difficult to grant any relief to the petitioner. The application is dismissed. P. Kumar ( Navin Sinha, J.)