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T. AMARNATH GOUD
Ananta Banik – Appellant
Versus
State of Tripura – Respondent
| Table of Content |
|---|
| 1. factual background regarding the petition. (Para 3 , 4 , 5 , 6) |
| 2. court's observations on procedural issues. (Para 7 , 8) |
| 3. arguments regarding the legality of the trial process. (Para 9 , 10 , 11 , 12 , 13) |
| 4. supreme court precedents concerning public prosecutors. (Para 14 , 15 , 16 , 17 , 18) |
| 5. additional court observations regarding prosecutor independence. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 6. final order dismissing the petition. (Para 27) |
JUDGMENT
T. Amarnath Goud, J. - Heard Mr. S. Kar Bhowmik, learned senior counsel assisted by Mr. A. Bhattacharjee, learned counsel appearing for the petitioner. Also heard Mr. P.K. Biswas, learned senior counsel assisted by Mr. P. Majumder, learned counsel and Mr. S. Ghosh, learned Addl. P.P. appearing for the respondents.
2. This Criminal Petition has been filed under Section-482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.'), read with Article-226 of the Constitution of India to quash the orders dated 04.08.2021 (Annexure-10) and 20.08.2021 (Annexure-11) passed by the learned Additional Sessions Judge, West Tripura, Agartala, Court No. 5.
3. The facts which set the criminal law in motion, in short, are
The independence of public prosecutors is crucial for ensuring justice, as any conflict of interest or bias can vitiate the trial process.
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
A Special Public Prosecutor's authority is limited to the case for which they are appointed, and they cannot challenge orders in higher courts without specific authorization.
Public Prosecutors - It is in discharge of duties as a Prosecutor, he is ordained by law, by professional ethics or by his role as an Officer of Court, to employ only such means as are fair and legit....
Public prosecutor, and then the trial court's scrutiny, both play an essential role in safeguarding the accused's right to fair investigation, when faced with the might of the state's police machiner....
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