here, the services of a Special Public Prosecutor, a Public Prosecutor or an Assistant Public Prosecutor should be provided and in case he comes ... public prosecutor under the second part of the definition. The Special Public Prosecutor is, therefore, a Public Prosecutor in his own right by virtue
Public Prosecutor for a sessions division and includes an Additional Public Prosecutor, Assistant Public Prosecutor or Honorary Assistant to the Public Prosecutor, if any, appointed ... Special Public Prosecutor who was already functioning as the Public Prosecutor for the City of Ahmedabad and the Assistant Public Prosecutor who was also previously
eligibility:
1) No person shall be qualified to be appointed as the Public
Prosecutor in the High Court or the District Court, the Government
Pleader ... opinion
of the District Magistrate are fit to be appointed as Public Prosecutor, is
to be forwarded to the State Government, then the State Government
appointment of a Public Prosecutor and Additional Public Prosecutor.
This is because the office of a Public Prosecutor carries very great
public importance ... under the directions of Public Prosecutor.
Therefore, the word Public Prosecutor includes Public
Prosecutor, Additional Public Prosecutor, Special Public
Prosecutor and a Pleader instructed
Therefore, there is a public
element in such an appointment.
27.In the appointment of Public
Prosecutor, the principle of
masterservant does not apply ... appointed under Section 24
of the Code is a Public
Prosecutor. A Special Public
Prosecutor appointed under
Section 24(8) of the Code is
naturally
Therefore, there is a public element in such an
appointment.
27. In the appointment of Public Prosecutor, the
principle of master-servant does not apply ... appointed under Section 24 of the Code is a Public
Prosecutor. A Special Public Prosecutor appointed
under Section 24(8) of the Code is naturally
cannot appoint such person to be Public
Prosecutor or the Additional Public Prosecutor. The
eligibility prescribed for the appointment as a Public
Prosecutor ... Code and under any other provisions, the
Public Prosecutor or the Additional Public Prosecutors are
to be appointed by the District Magistrates in
consultation with
appoint one or more
Additional Public Prosecutors for the district :
Provided that the Public Prosecutor or Additional Public
Prosecutor appointed for one district ... Public
Prosecutor, an Additional Public Prosecutor or an Assistant
Public Prosecutor under this Code.]
(7) A person shall be eligible to be appointed
making the appointment."
Learned
counsel, Mr.Goswami emphasized the observation that
"in
any event, the appointment of a Special Public Prosecutor to conduct ... with
regard to the appointment of a person, who was not eligible for the
appointment as a Special Public Prosecutor and the terms and
conditions
defines "Public Prosecutor" meaning thereby a Public Prosecutor or an Additional Public Prosecutor or a Special Public Prosecutor appointed under Section ... Additional Public Prosecutor or Additional Public Prosecutors or Special Public Prosecutor. That means the Public Prosecutor appointed under the Criminal Procedure Code would have
