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2024 Supreme(Online)(KAR) 19220

HIGH COURT OF KARNATAKA
N S SANJAY GOWDA
MR. RAGHAVEDRA YT – Appellant
Versus
STATE OF KARNATAKA – Respondent


Petitioner Advocates:VENKATESH SOMAREDDI M/s P P Hegde Assts ,Respondent Advocate:

ORDER

1. The petitioners herein are advocates who were appointed as Special Public Prosecutors, on contract basis, under Section 32 of the Protection of Children from Sexual Offences Act, 2012 (in short, “the POCSO Act”). They are aggrieved by the order dated 24.11.2022, by which the State Government has issued a Notification assigning Public Prosecutors to Special Courts and thereby, nominating the Public Prosecutors as Special Public Prosecutors.

2. It is their contention that it is impermissible for the State to appoint regular Public Prosecutors as Special Public Prosecutors under Section 32 of the POCSO Act. It is also their case that the tenure of some of the petitioners is still subsisting and they could not, therefore, be displaced by posting regular Public Prosecutors in their place. They contend that by virtue of the order dated WP No. 23408 of 2023

24.11.2022, they are sought to be displaced and hence, the same was required to be quashed.

3. The petitioners also seek regularisation of their appointment as Special Public Prosecutors.

4. The State Government, on the other hand, contends that it is permissible for them to post regular Public Prosecutors as Special Public Prosecu

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