Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Code of Criminal Procedure 1973 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Others |
Headnote | Code of Criminal Procedure, 1973:ss. 2(u), 24, 25, 25A and 301(1) - Special PublicProsecutor-Appointed u/s. 24(8) to appear in the trial beforeSpecial Court - Whether could continue as Special PublicProsecutor in the appeals against the order of the SpecialCourt - Held: Per Madan B. Lokur, J.: Appointment of theSpecial Public Prosecutor was limited only to the trial andautomatically terminated on conclusion of the trial - Thatengagement did not automatically imply any authorizationto him to appear for the prosecution in the appeals - Sincethe State of Kamataka did not appoint Special PublicProsecutor for the High Court, conducting of the case inappeal before High Court by respondent No. 5 (the SpecialPublic Prosecutor) was without authority - Therefore theproceedings in the appeal are vitiated - The appeals haveto be heard afresh - Per Banumathi, J.:- Once respondentNo. 5 was appointed as a Special Public Prosecutor in-charge of a case, he can appear and plead without any writtenauthority before any Court in which that case is under inquiry,trial or appeal - Until the Notification by which the SpecialPublic Prosecutor was appointed, is quashed by the State,the power uls 301, will continue the authority of Special PublicProsecutor to appear and plead even after end of the trial -Per Court: In view of difference of opinion, matter referred toLarger Bench - Code of Criminal Procedure, 1898- s. 493-Karnataka Law Officers (Appointment and Conditions ofService) Rules, 1977 - r.30.s. 24(8) - Power to appoint Special Public Prosecutor-Criminal case transferred u/s. 406 Cr.PC. to another State -After conclusion of trial, in appeal, Special Public Prosecutorappointed by transferor State - Propriety of- Held: After thetransfer of the case, the transferee-State steps into the shoes of the transferor-State- Thus transferee-State alone is entitledto appoint the Public Prosecutor - The appointment ofSpecial Public Prosecutor by the transferor-State was withoutauthority and non-est in the eye of law. s.301(2) -Application under- Seeking permission tointervene in pending appeals and to assist Special PublicProsecutor - Application dismissed by High Court - Onappeal, plea of the intervener for permission to file writtensubmission before the High Court-Held: s.301(2) does not postulate filing of written submission - Application rightlyrejected by the High Court.Words and Phrases: 'Case' - Meaning of, in the contextof ss. 24(8) and 301 of Code of Criminal Procedure, 1973. |
Judge | Hon'ble Mr. Justice Madan Bhimarao Lokur |
Neutral Citation | 2015 INSC 323 |
Petitioner | K. Anbazhagan |
Respondent | State Of Karnataka& Ors. |
SCR | [2015] 7 S.C.R. 355 |
Judgement Date | 2015-05-15 |
Case Number | 637 |
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