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Sri. Balachandra Prabhakar Kodlekare vs The State Of Karnataka on 17 September, 2013

The court has negated the contention that the procedure prescribed under Sub-Sections 4 and 5 of Section 28 CrPC would govern the appointment of a Special Public Prosecutor under Sub-section (8) of Section 24, following an earlier decision of the same court, in the case of Kuriachan Chacko vs. Secretary to Government (2012(3) KHC 614) to the effect that the appointment of a Special Public Prosecutor under Section 24(8) CrPC, stands on a different footing and it is in no way controlled by the modalities prescribed under Section 24(4) and (5) CrPC.
Karnataka High Court Cites 34 - Cited by 1 - A Byrareddy - Full Document

Yousuf K.M vs State Of Kerala

8. As far as the appointment of Public Prosecutor is concerned, it is mentioned that for every High Court, the Central Government or State Government shall after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more additional Public Prosecutors for conducting in such court any prosecution, appeal or other proceedings on behalf of the Central Government and State Government as the case may be. Sub Section 4 of Section 24 says that the District Magistrate shall, in consultation with the Sessions Judge, prepare a panel of W.P.(C).No.31978 of 2013 : 9 : names of persons who are in his opinion fit to be appointed as Public Prosecutors or additional Public Prosecutors in the District. So, it is clear from this, that for the purpose of appointment of Public Prosecutors or Additional Public Prosecutors in the High Court or in the District Court there is a process of consultation to be made with the High Court or with the Sessions Judge as the case may be before appointing a Public Prosecutor. But, such a consultation is not required as in the case of appointment of a Special Public Prosecutor under Section 24(8) of the Code of Criminal Procedure. This was so held in the decision reported in Kuriachan Chacko Vs. Secretary to Government [2013 (1) KLT SN 29 (C.No.29)].
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