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1975 Supreme(All) 262

K.N.SINGH
Jai Pal Singh Naresh – Appellant
Versus
U. P. – Respondent


K. N. SINGH, J.

( 1 ) THIS is a petition under Article 226 of the Constitution for quashing the Government Order dated 15th March, 1975, placing the assistant Public prosecutors under the administrative and disciplinary control of the Superintendent of Police at the district level and the Inspector General of Police at the State level.

( 2 ) PRIOR to the enforcement of the Code of Criminal Procedure, Act II of 1974, the prosecuting agency in the District consisted of the Assistant Public Prosecutor, Public prosecutor and Senior public prosecutor. They were enrolled as members of the police force under Section 2 of the Police Act. For purposes of disciplinary and administrative concontrol they were members of the police force and liable to departmental trial and punishment under Section 7 of the Police Act for remissness and negligence in the discharge of their duties. Since they were members of the police force, the administrative and disciplinary control was being exercised over them by the Superintendent of Police in the District and by other higher police authorities, namely. Inspector General of Police and Deputy Inspector General of Police. The functions and duties of the Assi














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