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M.JAGANNADHA RAO
Dodda Brahmanandam – Appellant
Versus
State of A P rep by its Secretary for Law Department, Hyderabad – Respondent
Key Points: - The duties and role of a Public Prosecutor as a minister of justice, and its quasi-judicial position (!) (!) . - Whether an accused has locus standi to object to the appointment of a Special Public Prosecutor under Section 24(8), CrPC on grounds of reasonable apprehension of bias (!) (!) (!) . - The propriety and legality of the Government’s appointment of a Special Public Prosecutor in this case, and the impact on fair trial and impartiality (!) (!) (!) (!) . - The principle that justice must be seen to be done and the consequences for appointments that may create bias (!) (!) . - The Court’s ultimate relief: allowing the writ petition and recommending a non-local SPS to avoid further complications (!) .
( 1 ) THIS writ petition raises the question as to the duties of a public prosecutor and also a question as to the locus standi of an accused to object to the appointment of a particular person as special Public Prosecutor under Section 24 (8) of the Criminal Procedure Code, on the ground of reasonable apprehension of bias on the lattor s part.
( 2 ) THE petitioner, Dodda brahmanandam, is the accused standing trial in Sessions Case No. 92/1983 on the file of Assistant Sessions Judge addanki, Prakasham District. He is questioning the appointment of the 2nd respondent herein, Sri M Ramaiah choudary, Advocate, Chirala as a Special public Prosecutor, under section 24 (8) of the Code of Criminal Procedure, 1973 to conduct prosecution in P R C No. 2/82 pending before the Munsif Magistrate, addanki, Prakasham District. The defacto complainant who is the petitioner s wife is now impleadedas the 3rd respondent in the writ petition.
( 3 ) IT is necessary to state the following facts: The petitioner and the 3rd respondent were married on 17-5-1973 On 25-11-1981 the 3rd respondent s father gave a report alleging that his son in-law (the writ petitioner) and the writ petiti
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