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.