Back
M. SUNDAR, R. SAKTHIVEL
R. Suresh Kumar – Appellant
Versus
Principal Secretary to Government, Home Department, Chennai – Respondent
ORDER :
Prayer: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents herein to consider and issue necessary orders for appointing only regular cadre of Public Prosecutors / Additional Public Prosecutors in all District Courts also falling under the realm of Madurai Bench of Madras High Court as the State is empowered to do so as laid down in the said Code, on the lines of the petitioner's representation dated 07.12.2023, within the time stipulated by this Honourable Court.
1. Captioned matter was listed in the Admission Board on 15.12.2023 and this Bench made the following order:
2. Pursuant to the aforementioned 15.12.2023 proceedings / orders, captioned WP is before us today. Aforementioned 15.12.2023 Admission Board proceedings / orders shall now be read as an integral part and parcel of this order. This also means that the short forms, abbreviations and short references used in the aforementioned 15.12.2023 Admission Board order will continue to be used in the instant order also.
3. In the hearing today, Mr.S.I.Muthiah, learned counsel on record for PIL petitioner and Mr.Hasan Mohamed Jinnah, learned State Public Prose
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 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....
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.
Compliance with the Code of Criminal Procedure is essential in the appointment of Public Prosecutors and Panel Lawyers, and filling up the vacant posts in the cadre of Public Prosecutors.
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 main legal point established in the judgment is that the establishment and appointments within the Jammu & Kashmir Prosecution Service were in accordance with the amended provisions of the Code o....
The appointment of departmental officers as Assistant Public Prosecutors under S.25 of the Cr.P.C. is valid despite the lack of practice as advocates.
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
