:1: bgp bgp bgp IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL CRIMINAL CRIMINAL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO.556 OF 2008 PETITION NO.556 OF 2008 PETITION NO.556 OF 2008 Chalakkel Lazer Anto ..Petitioner Vs. State of Maharashtra & Anr. ..Respondents Mr.C.L.Anto Petitioner-in-person present. Mr.A.R.Patil, A.P.P. for the Respondent-State. Mrs.Manjula Rao with Anup Pandey for Respondent Nos.3 to 5. CORAM CORAM CORAM :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & :- DR.S.RADHAKRISHNAN & SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. SMT.R.S.DALVI,JJ. DATE DATE DATE : 29TH JULY, 2008 : 29TH JULY, 2008 : 29TH JULY, 2008 (At (At (At 2.30 in Chamber) 2.30 in Chamber) 2.30 in Chamber) P.C. P.C. P.C. 1. Rule. Rule is made returnable forthwith. The learned A.P.P. and Mrs.Rao waive service. By consent taken up for final hearing. Heard the Petitioner-in-person and the learned A.P.P. for the Respondent-State and Advocate Mrs.Manjula Rao for Respondent Nos.3 to 5. Mr.Anto made it clear that he is only seeking two reliefs in the above Petition, viz. (i) appointment of Special Public Prosecutor and (ii) the Petitioner be allowed to lead evidence in the case before the learned Additional Chief Metropolitan Magistrate’s Court at Girgaum. 2. The basic grievance of the Petitioner is, that the State of Maharashtra has not decided his application for an appointment of a Special Public Prosecutor in lieu of the earlier Special Public Prosecutor Mr.Behal who appears to have resigned due to his bad health. In this regard, the Petitioner had :2: made an application dated 2nd February,2008 to the Secretary, Home Department, Government of Maharashtra seeking an appointment of an eminent Advocate as a Special Public Prosecutor in the on-going Case No.334 of 2002 pending before the Fast Track Sessions Court at Sewree and in Criminal Case No.50-P/2002 pending before the Juvenile Court. 3. Mr.Anto, the Petitioner-in-person stated that both the cases pending before the court of Sessions and Juvenile Court ought to be expeditiously decided. Having regard to the facts and circumstances of the case, as the State of Maharashtra has still not decided the said Application, we direct the Secretary, Home Department to expeditiously decide the aforesaid Application dated 2nd February,2008, preferably within a period of two weeks from today for appointment of a Special Public Prosecutor in Criminal Case No.334 of 2002 pending before the Fast Track Court, Sewree as well as Criminal Case No.50-P/2002 pending before the Juvenile Court. 4. The other grievance of the Petitioner is, that the concerned 4th Court of Additional Chief Metropolitan Magistrate, Girgaum, Bombay should be directed to record the Petitioner’s evidence in Misc. Case No.584 of 2003. Accordingly, we direct the 4th Court of Additional Chief Metropolitan Magistrate, Girgaum, Bombay to record the Petitioner’s evidence in the aforesaid Misc.Case No.584 of 2003, in accordance with law. :3: 5. Mrs.Manjula Rao Advocate for Respondent Nos.3 to 5 states that as soon as the trial commences the accused Melisa D’Silva (before Sessions Court) and Greta Colaso (before Juvenile Court) i.e. Respondent Nos.3 and 4 will remain personally present before the Sessions Court and Juvenile Court respectively, and till then their presence may be dispensed with. 6. Having regard to the facts and circumstances of the case, the presence of Respondent Nos.3 and 4 is dispensed with, till the trial commences in the aforesaid Sessions Court and Juvenile Court. It is made clear that as soon as the trial commences, both the Respondent Nos. 3 and 4 shall remain present before the Sessions Court at Sewree as well as the Juvenile Court. Writ Petition stands disposed of accordingly. (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (SMT.R.S.DALVI,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.) (DR.S.RADHAKRISHNAN,J.)