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High Court

Bombay High Court Holds That Expiry of Notification Under Section 24(8) CrPC Does Not Automatically Terminate Appointment of Special Public Prosecutor in Ongoing Trials Under NDPS Act. The court ruled that the appointment continues until the conclusion of the trial, subject to fresh notification, and answered the question as a recurring issue.

25 Jul 2011

The Union of India filed two criminal writ petitions challenging the validity of the appointment of Special Public Prosecutors in NDPS Act cases after...

High Court

Bombay High Court Quashes Appointment of Special Public Prosecutor in Dowry Death Case Due to Lack of Consent from Accused. Appointment under Section 24(8) CrPC Requires Consent of Accused or Victim, Not Third Party Complainant.

23 Jan 2006

The petitioners, Omprakash Baheti and others, are accused in Sessions Trial No. 464/2005 pending before the 6th Adhoc Additional Sessions Judge, Nagpu...

High Court

High Court of Karnataka Allows Revision Petition by State Against Order Rejecting Application to Recall Witnesses in Spl.C. No.828/2018 — Held That Trial Court Erred in Holding That Recall Application Was Not Maintainable After Commencement of Trial Under Section 311 Cr.P.C. The High Court set aside the order and allowed the recall application subject to costs, directing expeditious trial.

28 Aug 2024

The State of Karnataka, through the Special Public Prosecutor, filed a Criminal Revision Petition under Section 397 read with Section 401 of the Code ...

High Court

Bombay High Court Upholds Validity of Section 145 CrPC Proceedings in Multi-Party Disputes and Successive Orders. The court held that Section 145 CrPC applies to disputes involving more than two parties and that successive orders are permissible if fresh material shows a new apprehension of breach of peace.

25 Nov 2010

The case involves a group of writ petitions and intervention applications challenging the validity of proceedings under Section 145 of the Code of Cri...

High Court

Bombay High Court Dismisses Petition Challenging Reduction of Term of District Government Pleader and Public Prosecutor. Amendment reducing term from three years to one year held valid; no vested right to continue for full term.

25 Mar 2015

The petitioner, Vikas Baburao Patil Shirgaonkar, was appointed as District Government Pleader and Public Prosecutor at Satara on 6th August 2014 for a...

Supreme Court

Supreme Court Allows State Appeal in Default Bail Case Under UAPA — Extension of Custody Upheld Despite Procedural Defects. Report of Public Prosecutor Must Indicate Application of Mind, But Technical Non-Compliance Not Fatal When Substance Exists.

14 Feb 2019

The Supreme Court allowed the appeal filed by the State of Maharashtra against the Bombay High Court's order granting default bail to the respondents/...

Supreme Court

Supreme Court Allows Victim's Counsel to Assist Prosecution in Sessions Trial — Right to Oral Arguments and Cross-Examination Under Section 301 CrPC. Victim's Counsel Can Participate Actively in Prosecution Subject to Public Prosecutor's Control and Court's Permission.

20 Sep 2019

The appeal arose from a Sessions trial where the appellant, Rekha Murarka, was the widow of the deceased and de facto complainant in a murder case. Sh...

High Court

Bombay High Court Dismisses PIL Challenging Appointment of Government Pleaders and Public Prosecutors. Court upholds State's prerogative in appointing law officers as petitioner failed to establish illegality or mala fides.

13 Sep 2006

The petitioner, Mr. A.S. Shirsat, a practising advocate from Jalgaon Courts, filed a Public Interest Litigation (PIL) before the Bombay High Court cha...

High Court

Bombay High Court Quashes Appointment of Public Prosecutor for Pune District Due to Non-Compliance with Section 24 CrPC. Appointment made without consulting the Advocate General and without considering eligible Additional Public Prosecutors violates statutory requirements.

12 Aug 2005

The petitioner, Mrs. Neelima Sadanand Vartak, an Additional Public Prosecutor in Pune District since 1986, challenged the notification dated 1st June ...

High Court

High Court of Karnataka Quashes Order Issuing Non-Bailable Warrant Against Accused in Dowry Case — Magistrate Failed to Apply Judicial Mind Before Issuing NBW. The court held that issuance of NBW is a serious matter affecting liberty and cannot be done mechanically under Section 482 CrPC and Article 226 of the Constitution.

19 Jul 2024

The petitioners, who are accused 1 to 6 in C.C. No. 44/2014 arising out of Crime No. 294/2013 registered at Bidadi Police Station, Ramanagara, for off...

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