K. SURENDER
Gandla Purnachandra Rao – Appellant
Versus
Gumpenapalli Sulochana – Respondent
JUDGMENT
This Criminal Revision Case is filed questioning the docket order dated 21.12.2020 in S.C.No.39/2014, which reads as follows:—
“A4 is present. The presence of other accused is dispensed with on petition. Complainant is absent.
During the course of hearing it is noticed that this case is emanated on a protest petition filed under Section 202 Cr.P.C., challenging the final report filed by the concerned Asst. Superintendent of Police, Bhadrachalam and cognizance was taken on such protest petition and entire prosecution is conducted by a private counsel contrary to provisions of Section 15 of the SCs/STs (POA) Act and also section 225 Cr.P.C and also settled pronouncement of the Apex Court in Rekha Muraka v. State of West Bengal and another (Criminal Appeal No.1727 of 2019 (arising out of SLP (Crl.) No.7848 of 2019, dated 20.11.2019.
Therefore, the Prosecution is required to be conducted by the Spl. Public Prosecutor and the private counsel can only assist the Spl.Public Prosecutor in view of Section 15 of the SCs/STs (POA) Act and also Section 225 of Cr.P.C.
In view of the above legal position, this Court feels it just and expedient to direct the Spl. Public Prosecutor to
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