M.R.AGNIHOTRI, AMARJEET CHAUDHARY
Krishan Singh Kundu – Appellant
Versus
State Of Haryana – Respondent
M.R.AGNIHOTRI, J.
1. This is a petition under Arts. 226 and 227 of the Constitution which has been brought before us in the nature of Public Interest Litigation by Mr. Krishan Singh Kundu a practising Advocate of this Court. At the very outset, we must bring on record our appreciation for Mr. Kundu for having done a commendable service to the cause of the Administration of Justice in the State of Haryana.
2. The short grievance of the petitioner, as projected in this petition, is against the appointment of a police officer as Director of Prosecution by the State of Haryana, which according to the petitioner is in utter violation of the letter and spirit of the provisions of Ss.24 and 25 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the Code"), as also against the recommendations of the Law Commission of India which have already been accepted by the State of Haryana. In nutshell, the thrust of the argument of the petitioner is that the Director of Prosecution being head of the Prosecution Department and overall incharge of the Prosecution Agency of the State, should be a person who has been an experienced prosecutor himself and possesses to his credit
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