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Sheonandan Paswan vs State Of Bihar & Others on 16 December, 1982 cites

M. N. Sankarayarayanan Nair vs P. V. Balakrishnan & Ors on 26 November, 1971

The next question raised by Counsel for the appellant was whether Shri Lalan Prasad Sinha was the competent officer entitled to apply for the withdrawal from the prosecution and if so whether he discharged his function independently as a free agent ? In this behalf Counsel urged that the initial appointment of Shri A.K. Dutt as the Special Public Prosecutor made by the State Government under s. 24 (8) Cr. P.C. On 26th February, 1979 to conduct this case had not been cancelled, that Shri Lalan Prasad Sinha could merely be regarded as one of the four Public Prosecutors appointed on the fresh panel constituted under Law (Justice) Department's letter No.C/Mis-8-43/78 J dated 24th February, 1981 and that though this particular case had been allotted to him by the letter dated 25th February, 1981, he had no authority over the head of Shri A.K.Dutt to apply for withdrawal from the prosecution and as such the application made by him would be unauthorised and illegal and consequently the Court's order dated 20th June, 1981 would be vitiated. Counsel further contended that the State Government had already taken a decision to withdraw from the prosecution in this 85 case on grounds of inexpediency of prosecution for reasons of State and public policy, that the said decision was communicated to Shri Lalan Prasad Sinha, who was directed to take steps in that behalf and that it was pursuant to such direction that he made the application and not independently on his own as a free agent and, therefore, the executive function on the part of the Public Prosecutor (assuming he had the authority to make the application) was improperly performed. It is not possible to accept either of these contentions for the reasons we shall presently indicate.
Supreme Court of India Cites 16 - Cited by 55 - P J Reddy - Full Document
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