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M. NAGAPRASANNA
STATE OF KARNATAKA – Appellant
Versus
SANGAMESH S/O BELLADA KOTRAPPA – Respondent
ORDER :
1. The petitioner/Special Public Prosecutor appointed by the State in Special C.C. No. 828 of 2018 is knocking at the doors of this Court calling in question an order dated 20-07-2024 passed by the LXXXI Additional City Civil and Sessions Judge, Bengaluru in Special C.C. No. 828 of 2024 rejecting an application filed by the petitioner seeking to ask leading questions to CW-35 without declaring him hostile.
2. Facts, adumbrated are as follows:
3. An application then comes to be filed by the pro
A Special Public Prosecutor's authority is limited to the case for which they are appointed, and they cannot challenge orders in higher courts without specific authorization.
The independence of public prosecutors is crucial for ensuring justice, as any conflict of interest or bias can vitiate the trial process.
Point of law: irrespective of the executive or judicial nature of the office of the public prosecutor, it is certain that one expects impartiality and fairness from it in criminal prosecution
The main legal point established is that the victim or somebody on behalf of the victim can request for appointment of a lawyer of his/her choice for appointment of Public Prosecutor or Special Publi....
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