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- ss.·24 and 301 |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Code of Criminal Procedure, 1973- ss.·24 and 301 - Power of a State to appoint public prosecutor when case transfer"ed - Transfer of criminal case from State of Tamil Nadu to State of Karnataka -Appointment of 4th respondent as Special Public Prosecutor by State of Karnataka to conduct the trial before Special Court in a specific case pertaining to accused persons - Conviction of accused persons - Appeal by accused persons before High Court of Karnataka against their conviction - State of Tamil Nadu appointing 4th respondent as Special Public Prosecutor to appear before the Karnataka High Court to defend the cause of the State - Authority of 4th respondent to represent the case of the prosecution in the High Court of Karnataka - Held: State of Tamil Nadu had no authority to appoint the 4th respondent, as the Public Prosecutor to argue the appeal - State of Karnataka is the sole prosecuting agency and it was alone authorized to appoint the Public Prosecutor - Appointment of 4th respondent as the Public Prosecutor for the trial did not make him eligible to prosecute the appeal on behalf of prosecuting agency before the High Court - Though the appointment of 4th respondent is bad in law, yet no justification to direct for de novo hearing of the appeal, in view of the duties of the appellate Judge, in a case pertaining to Prevention of Corruption Act, 1988. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2015 INSC 323 |
Petitioner | K. Anbazhagan |
Respondent | State Of Karnatakaand Others |
SCR | [2015] 7 S.C.R. 469 |
Judgement Date | 2015-04-27 |
Case Number | 637 |
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