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Role of Public Prosecutors

By Keshav Dayal

Published In

Cri LJ 1996

Whether the Public Prosecutors have a separate role to play for the prosecution agency? Whether the State Government can appoint the public prosecutors who were the personnel of its public department functioning under the control of the IG Police as Assistant Public Prosecutor? Whether the State Government could allow such Assistant Public Prosecutors to be the personnel of the Police Department and continue to function under the control of its head the Inspector Genera! of Police? These questions were answered in the negative in the latest judgment of the Supreme Court reported as 1995 AIR SCW 2561 in the case of S. B. Shahane v. State of Maharashtra. It was held that there was a statutory mandate which made it obligatory on the States and Central Govt. to separate the prosecution agency from the investigation agencies. The Court in this connection referred to Section 25 of the Criminal Procedure Code. Assistant Public Prosecutors ....

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