B. C. VARMA, J. ( 1 ) THE petitioner is being prosecuted for an offence under Section 395 IPC before the Court of the 1st Additional Sessions Judge, Durg, in Sessions Trial No. 25 of 1989. Respondent No. 3, B. P. Agarwal, Advocate, has been appointed a Special Public Prosecutor, in exercise of power under Section 24 (8), Cr. P. C. This order (Annexure-A) has been passed by the District Magistrate, but appears to have been signed for him by some Addl. District Magistrate. The petitioner took an objection as to the appointment of respondent No. 3 as Special Public Prosecutor. By the impugned order, the learned Additional Sessions Judge rejected that objection, on the ground that the objection was not taken before the proceedings commenced and the hearing was done on the question of framing of charge and that such a challenge cannot be made before him. To us, both the reasons assigned for rejecting the objection appear to be irrelevant. Section 24 (8) Cr. P. C. is as follows :-"the Central Government or the State Government may appoint for the purposes of any case or class of cases, a person who has been in practice as advocate for not less than ten years as a Special Public Prosecutor. "a plain reading of this Sub-Section shows that the appointment of a Special Public Prosecutor can be made only by the State Government and not by the District Magistrate. We were not shown any provision which permits delegation of powers under Sub-Section (8 ). We were also not shown any notification, purporting to delegate that power to the District Magistrate on the Addl. District Magistrate. That being so, the appointment of respondent No. 3 as Special Public Prosecutor cannot be said to have been made by the authority competent to do so and must, therefore, be quashed. ( 2 ) WE accordingly allow this petition and quash the order of appointment of respondent No. 3, as Special Public Prosecutor (Annexure-A), to conduct Sessions Trial No. 23 of 1989, pending before the Court of the 1st Addl. Sessions Judge, Durg. Petition allowed. .