Shivaji Rajaram Take And Another vs The State Of Maharashtra And Another on 23 January, 2023
Further, reliance has been placed on
the decision in Nemi Chand vs. State of Rajasthan and
others, 2006 Cri. L.J. 4258 (Rajasthan High Court), wherein it
has been held that the contention of the learned counsel for
appellant that appointment of advocate representing
complainant as Special Public Prosecutor would affect fair trial
was devoid of merit, when Advocate on behalf of the
complainant can address the Court along with the Public
Prosecutor, he can also be appointed as Special Public
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Prosecutor. The only embargo provided by Section 24(8) of the
Code of Criminal Procedure is that he should have 10 years
standing as an advocate. It is submitted by the learned APP that
respondent No.2 is covered under the said parameters.