with a
copy of such order to be served on the Public
Prosecutor and the Superintendent of Police, with a
view to give the Public ... Prosecutor a reasonable
opportunity of being heard when the application shall
be finally heard by the Court.
(1-B) The presence of the applicant seeking
Gudikanti Narasimhulu And Ors vs Public Prosecutor, High Court Of Andhra ... on 6 December, 1977
Equivalent citations ... Bench: V.R. Krishnaiyer
PETITIONER:
GUDIKANTI NARASIMHULU AND ORS.
Vs.
RESPONDENT:
PUBLIC PROSECUTOR, HIGH COURT OF ANDHRA PRADESH
DATE OF JUDGMENT06/12/1977
BENCH
referred
to.
(5) In the case of Public Prosecutors, the public ele-
ment flowing from statutory provisions in the Code of Crimi-
nal Procedure, undoubtedly ... invest the Public Prosecutors
with the attribute of holder of a public office `which
cannot be whittled down by the assertion that their' engage
Schedule to the Act is involved. The conditions are that the
Public Prosecutor must be given an opportunity to oppose any
application for release ... bail and the Court must be satisfied,
where the Public Prosecutor opposes the application, that there
are reasonable grounds for believing that the accused
life, give notice of the application for bail to the Public Prosecutor unless it is, for reasons to be recorded in writing, of opinion that ... provision for any notice of the application for bail to the Public Prosecutor, in Section 439 , CrPC however it is specifically mentioned that before granting
Gujarat itself relates to improper
conduct of trial by the public prosecutor. Last, but not the
least that the role of the investigating agency itself ... reasonable suspicion that the witnesses
were being threatened or coerced. The public prosecutor did
not take any step to protect the star witness
accused and the nature of his offence, the difficulties of
a private prosecutor and the leanings of the Government.
4. The court must respect legislative ... tried. Secondly, it only
creates an obligation on the prosecutor to be ready to proceed to trial
within a reasonable time;
That
public interest, even this Court ought to appoint an
independent Public Prosecutor/Advocate to represent STF
(Investigating Agency), since the Court is already monitoring ... submits that the Court may direct appointment of a Special
Public Prosecutor; and, lastly, to appoint an amicus curiae to
assist the Court in monitoring
favour of the prosecution. From his cross-
examination also, the Public Prosecutor, could not bring
out anything in favour of the prosecution.
PW-4 Hans ... prosecution case. Even from
his lengthy cross-examination, the learned Public
Prosecutor could not improve the prosecution case.
PW-5 Sandeep: He was also
State Government may, in any case, direct the Public
Prosecutor to present an appeal to the High Court from an original
or appellate order ... other than this Code, the Central Government may also direct
the Public Prosecutor to present an appeal, subject to the
provisions of sub-section
