Short Note : 1. By this revision, the applicant State seeks to challenge the order made by the Chief Judicial Magistrate Bhopal on 5-2-1976 so far as it relates to the question of the competency of the Assistant Public Prosecutor to conduct the criminal case on behalf of the prosecution. 2. The learned Chief Judical Magistrate held that Shri H. L. Sharma. Assistant Public Prosecutor could not represent the prosecution and conduct the case. The learned magistrate was of the opinion that since the notification issued in April, 1974 appointing Shri Sharma as Assistant Public Prosecutor did not state under whose control and subordination the Assistant Public Prosecutors shall remain, the said notification was against the provisions of section 25 of the Code of Criminal Procedure which prohibits the appointment of any police officer as Assistant Public Prosecutor. It appears that the learned magistrate was of the view that since Shri Sharma was earlier an Assistant Police Prosecutor, he could not be appointed as Assistant Public Prosecutor. Held : The purport of section 25 is clear enough to indicate that a police officer will not be eligible for being appointed as Assistant Public Prosecutor, but it does not mean that any body who had been formerly a police officer cannot be appointed as Assistant Public Prosecutor even when he ceases to be a police officer. The question of the validity of the appointment of former Assistant Police Prosecutors as Assistant Public prosecutors has been already dealt by a Division Bench of this Court in V. R. Chhuttani Assistant Public Prosecutor v. The State of M.P. (M.P. No. 543 of 1974 decided on 14-3-1975). As stated in the aforesaid decision. the State Government has created new posts of Assistant Public Prosecutors of Grade I & Grade II in order to absorb all the former Police Prosecutors and Assistant Police Prosecutors respectively and has appointed a Director of Prosecutions under whose control and subordination the Assistant Police Prosecutors are to function. It appears that this decision was not brought to the notice of the Chief Judicial Magistrate. It appears that this decision was not brought to the notice of the Chief Judicial Magistrate. The earlier notification of April, 1974, as referred in the order, has also been superseded by a subsequent notification dated 26-9-1973 published in the M. P. Gazette, Part I, dated 27-9-1974 at page 1594 whereby Shri H. L. Sharma (S. No. 87) has been appointed as an Assistant Public Prosecutor under section 25 (1) of the Code of Criminal Procedure. The learned Chief Judicial Magistrate, however, was under the impression that on such post of Director of Prosections was actually created. 3. However, the impugned part of the order is liable to be set aside in view of the observations made in V. R. Chhuttani v. State M. P. No. 543 1974 decided on 14-3-1975. Revision allowed.