CALCUTTA HIGH COURT
Amrita Sinha, J
Khalil Ali Molla – Appellant
Versus
The State of West Bengal – Respondent
| Table of Content |
|---|
| 1. hearings and submissions. (Para 1) |
| 2. conflict of interest presented. (Para 2 , 3) |
| 3. court mandates change of prosecutor. (Para 4 , 5 , 6) |
| 4. writ petition disposed of. (Para 7 , 8 , 9) |
1. Heard the respective submissions made on behalf of all the parties.
2. The petitioner submits that the public prosecutor engaged in the case pending before the learned Additional Sessions Judge, 10th Court at Alipore in S.T. No.01(11) 2022 R No.61 of 2020, is acting more on behalf of the de facto complainant who was represented by the daughter of the public prosecutor. Prayer has been made to change the public prosecutor.
3. The prayer of the petitioner is vehemently opposed by the added respondent.
4. As everybody is entitled to a fair trial, none should reel under the misconception that a proper trial was not allowed to him. Only for upholding the sanctity of the trial, the Court is of the opinion that the Legal Remembrancer should take a call with the request of the petitioner for change of the public prosecutor.
5. In view of the above, the Legal Remembrancer is directed to engage any other public prosecutor or special public prosecutor from the list of public prosecutors / specia
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