AIR 1983 SUPREME COURT 194 ::1983 CriAppR(SC) 61 ::1983 SCC(Cri) 224 ::1983 (1) SCC 438 ::(1983) Pat LJR 35

Supreme Court Of India

(From : Patna)*

Hon'ble Judge(s): V. D. Tulzapurkar, Baharul Islam, R. B. Misra , JJJ

(A) Criminal P.C. (2 of 1974) , S.24(8), S.321— Appointment of Special Public prosecutor to conduct the case in question without cancelling the appointment of Special Public Prosecutor appointed earlier to conduct that case - Latter Public Prosecutor @page-SC195is competent officer to apply for withdrawal from prosecution of that case under S. 321. It is true that the appointment of former prosecutor in the instant case, made by the previous Government to conduct the case in question had not been cancelled, though in fitness of things the new Government should have done so but that did not prevent the new Government to make a fresh appointment of a Public Prosecutor and to put him in charge of the case.(Para 17 104) Further it cannot be disputed that the former prosecutor not having appeared before the Special Judge at any stage of the hearing was never in charge of the case nor in the actual conduct of the case, on the other hand, after the allotment of this case to him the latter was in charge of the case and was actually conducting the case he having admittedly appeared in the case at least on 4 occasions before the Special Judge, and, therefore, he was the proper person who could make the necessary application in the matter of withdrawal.(Para 17) The appoin....