Back
R. N. MANJULA
M. Dasarathan – Appellant
Versus
Home Secretary Government of Tamil Nadu, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Mandamus directing the first respondent to appoint a Special Public Prosecutor to conduct the case in S.C. No.240/2018 on the file of Principal District Judge, Vellore, on the basis of the representation given by the petitioner on 16.09.2021.)
1. This Writ Petition has been filed seeking a writ of mandamus to direct the first respondent to appoint a Special Public Prosecutor to conduct the case in S.C. No.240/2018 on the file of Principal District Judge, Vellore, on the basis of the representation given by the petitioner on 16.09.2021.
2. The case of the prosecution as seen in the charge sheet in S.C. No.240/2018 is that the deceased Mahendran was the father of the petitioner and he was a Block Development Officer at Anaicut. On the day of the occurrence Mahendran was at the Block Development Office, Anaicut to get a deal done. While he was discussing with the officials about the bill at the Block Development Office, the accused with a common object of causing death to the petitioner''s father Mahendran formed an unlawful assembly among themselves and stabbed and inflicted cut in
The main legal point established is the duty to appoint a Special Public Prosecutor to ensure a fair trial, as well as the duty of the Prosecutor to be impartial and present all material facts before....
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 appointment of Public Prosecutors must prioritize the District Judge's opinion, governed by Section 24 of the Cr.P.C. and Section 18 of the BNSS, ensuring a fair and competent selection process.
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....
The State Government has the authority to appoint Public Prosecutors and Additional Public Prosecutors from a regular cadre, but this is not an exclusive requirement, as it can also appoint Special P....
The independence of public prosecutors is crucial for ensuring justice, as any conflict of interest or bias can vitiate the trial process.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
