IN THE HIGH COURT OF JUDICATURE AT PATNA Cr.W.J.C. No.157 of 2007 Most. Ilaychi Devi & ors. Versus The State of Bihar & ors. With CR. WJC No.259 of 2007 KAMESHWAR SINGH & ORS Versus STATE OF BIHAR & ORS ----------- 9 30.7.2008 Heard the learned counsel for the petitioners and the counsel for the respondents. In the instant writ application the petitioners have prayed for a direction to the respondents to transfer the case from the court of Sri S.N.Singh, A.D.J., F.T.C. 4th, Bhagalpur and further respondents may be directed to ensure compliance of provisions laid down in Criminal Procedure Code and conduct the prosecution case in proper way. He submits that the Special P.P. should be appointed strictly in accordance with the provision of section 24 of Cr.P.C. He further submits that as per the provision under Cr.P.C. a person who has a experience of 10 years can be appointed as Special P.P. He submits that P.P. Incharge Sri Rakesh Kumar Sinha does not have the requisite experience of ten years. The grievance of the petitioner has been substantially redressed by order passed by a Division Bench in the case of Harendra Ravi vs. the State of Bihar and ors. (supra) reported in 2007 (2) PLJR 244 pursuant to which the cases in question have already been transferred from Bhagalpur courts to Patna. The other grievance in respect of change of earlier P.P. also - 2 - stood redressed consequent upon transfer of the trial. It will be open to the petitioner to draw attention of the Law Secretary for ensuring compliance of section 24 of Cr.P.C. so far as the appointment of Special P.P. is concerned. The learned trial court would abide by the directions given by Division Bench of this Court. With the aforesaid observations and direction this writ application is disposed of. AnilK.sinha (S.P.Singh,J.)