IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 1 CRIMINAL APPLICATION NO. 4199 OF 2024 IN WP/1743/2019 ASHOK NATHU BHOSALE AND OTHERS VERSUS THE STATE OF MAHARASHTRA AND ANOTHER ... Mr. K.B. Jadhav, Advocate for applicants Mr. V.K. Kotecha, APP for respondent No.1 Mr. P.B. Vikhe, Advocate for respondent No.2 ... CORAM : SMT. VIBHA KANKANWADI & SANJAY A. DESHMUKH, JJ. DATE : 09th APRIL, 2025 ORDER : 1 In pursuance to our order dated 04.04.2025 learned APP is placing the communication by In-charge Assistant Director of Prosecution, Ahilyanagar. It is taken on record and marked as Exh. ‘X’. The concerned officer informs that there are 09 Judicial Magistrate First Class, 21 Additional Chief Judicial Magistrates and 01 Chief Judicial Magistrate i.e. in all 31 Criminal Courts working at Headquarter i.e. Ahilyanagar. He also informs that there are 12 regular Public Prosecutors and 07 Special Assistant Public 2 1_Cri.Appln_4199_2024 Prosecutors. In all 19 Prosecutors are working in those 31 Criminal Courts. He states that taking into consideration the said ratio, it is not possible to appoint Public Prosecutor for each Court and the Public Prosecutors who have been assigned with the Court also looksafter the old matters also. No special appointments are made for handling old matters. We are absolutely not satisfied with the situation. The concerned Officer does not inform that he had at any point of time made correspondence to the State Government or to the District Magistrate for appointment of the Assistant Public Prosecutors. In fact, it should be his duty to identify old, bulky and important matters, wherein experienced Public Prosecutors are appointed to protect the interest of the State. We reserve our right to take the said point as suo moto Public Interest Litigation, however, at this stage we are taking note of Section 25(3) of the Code of Criminal Procedure, which provides that – Where no Assistant Public Prosecutor is available for the purposes of any particular case, the District Magistrate may appoint any other person to be the Assistant Public Prosecutor in charge of that case. Provided that a Police Officer shall not be so appointed – (a) if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted; or (b) if he is below the rank of Inspector. 2 We direct the In-charge Assistant Director and Public Prosecutor, 3 1_Cri.Appln_4199_2024 Ahilyanagar to identify such important cases, wherein appointment under Section 25(3) of the Code of Criminal Procedure is required and forward the said list with the request to the District Magistrate, Ahilyanagar for the appointments under the said provisions. This step to be taken by him within a period of one week. 3 After the list is provided to the District Magistrate, Ahilyanagar, then the District Magistrate, Ahilyanagar to take up the step under Section 25(3) of the Code of Criminal Procedure (new Section 19(3) of the B.N.S.S. ), which should be completed within a period of 15 days thereafter. 4 The In-charge Assistant Director and Public Prosecutor, Ahilyanagar may consider to list Regular Criminal Case No.369/2012 pending before 20th Additional Chief Judicial Magistrate, Ahilyanagar amongst the said list. 5 Place the matter for compliance on 08.05.2025. 6 Parties to act upon authenticated copy of this order. ( SANJAY A. DESHMUKH, J. ) ( SMT. VIBHA KANKANWADI, J. ) agd