Order Both these cases are tied up. Therefore, they have been taken up together for hearing after hearing the learned counsel for the parties it appears that only academic question remains to be decided. The question which has arisen for consideration is as to whether the District Magistrate in exercise of his power under Sub-section (3) of Section 25 of the Code of Criminal Procedure could have directed the Public Prosecutor to conduct a particular case, which was already entrusted to a particular Assistant Public Prosecutor. 2. Sub-Section (3) of Section 25 of the Code of Criminal Procedure reads as follows; "25(3)-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. This is admitted position that the petitioner no. 2, Assistant Public Prosecutor, was incharge of the Court of Sri J.N. Rai, Judicial Magistrate, Patna, where Gardanibagh P.S. Case No. 992/92 was pending. In view of Sub-Section (3) of Section 25 of the Code of Criminal Procedure the District Magistrate, therefore, could not have directed the Public Prosecutor to conduct that particular case in the Court of Sri J.N. Rai, Judicial Magistrate, Patna. 3. However, learned counsel appearing on behalf of the petitioners, is not pressing for any adjudication by this Court as by efflux of time the trial has been concluded and the accused persons have already been acquitted. In that view of the matter, these applications need not require any adjudication. These applications, therefore, need not proceed. 4. These applications are, therefore, disposed of with tile aforesaid observation. 5. However, it is clarified that if there shall be any breach of Sub-section (3) of Section 25 of the Code of Criminal Procedure, the aggrieved party will be at liberty to raise the question at the appropriate stage.