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1988 Supreme(SC) 365

R. S. PATHAK, RANGANATH MISRA
Mukul Dalal – Appellant
Versus
Union Of India – Respondent


Advocates:
A.M.KHANWILKAR, A.S.BHASME, AMIT DESAI, ASHOK SHARMA, C.RAMESH, DILIP PILLAI, G.B.SETHI, M.C.BHANDARE, M.S.Rao, P.K.PALLI, R.K.GARG, RAJADHYAKSHA DESAI, RAM JETHMALANI, S.B.Bhasme, S.B.JAISINGHANI, T.SHRIDHARN, V.M.TARKUNDE, V.S.DESAI, Y.R.NAIK

Judgment

RANGANATH MISRA, J.-Special leave granted in each of the three cases.

2. A common question arising for consideration in these appeals is as to the justifiability of the appointment by the State of Special Public Prosecutors and Assistant Public Prosecutors under Sections 24 and 25 respectively of the Code of Criminal Procedure. 1973 at the cost of the private complainants.

3. In criminal appeal arising out of SLP (Cri) No. 3027 of 1986 the appellants are facing prosecution for charges of forgery and cheating before the Additional Chief Metropolitan Magistrate, 37th Court. Esplanade, Bombay. On December 4, 1979 the Government of Maharashtra appointed an Assistant Public Prosecutor for conducting the said case for the prosecution in exercise of powers under Section 25(1) of the Code of Criminal Procedure. In the connected criminal appeal [arising out of SLP (Cri) No. 3048 of 1986] the appellant is accused of an offence punishable under Section 409 read with Sections 120-B and 34 of the Indian Penal Code and is facing his trial in the court of the same Metropolitan Magistrate. On August 3, 1983, the State of Maharashtra in exercise of powers under Section 24(8) of the Code of C




























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