1 (crim wp 740 of 2010) IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO. 740 OF 2010 Firoz Jumman Choudhary ...Petitioner Vs. The State of Maharshtra & Ors. ...Respondents ----- Mr. Chetan Agrawal for Petitioner Mr. S.R. Shinde  APP for the State Mr.S.R. Nargolkar for Respondent No.2 ----- CORAM: V.M. KANADE J. DATED: 3RD AUGUST, 2010 P.C. 1. The Petitioner being aggrieved by the order dated 24.2.2010 passed by Shri D.N. Bhargande, Extra Jt. Ad- hoc Addl. Sessions Judge, Thane has filed his writ petition under Article 227 of the Constitution of India. The Petitioner is the Original Complainant. 2. An application was filed by the accused demanding removal of the APP, who was appointed by the Government to represent the said case. The Learned Sessions Judge, on the application filed by the Accused, directed the District Government Pleader to 2 (crim wp 740 of 2010) appoint another APP in the place of existing APP Smt. Deshmukh. The operative part of the order reads as under: D.G.P. District Thane is directed to make necessary arrangement in place of Smt.Deshmukh A.P.P. So that trial of Sessions Case will be proceeded smoothly and fairly. 3. The Learned APP for the State and the learned Counsel appearing on behalf of the Respondent No.2 fairly conceded that such an order could not be passed in view of the specific provision under section 24 of the Criminal Procedure Code. It is quite surprising that after having noted in paragraph 2 that only the Stage Government and the D.G.B. has the power to appoint an Assistant Public Prosecutor for conducting the case, the Learned Sessions Court has given direction to the D.G.P. to appoint another APP. The Learned Sessions Judge has committed an error of law 3 (crim wp 740 of 2010) which is apparent on the face of record. The Sessions Judge does not have power in any provisions of law to give such a direction to the District Government Pleader. 4. The impugned order, therefore, is set aside and quashed. 5. The Sessions Court is directed to decide the case as expeditiously as possible. 6. Petition is disposed of. (V.M. KANADE J.)