In Criminal Appeal arising out of S.L.P. Crl No.
A companymon questions arising for companysideration in these appeals is as to the justifiability of the appointment by the State of Special Public Prosecutors and Assistant Public Prosecutors under sections 24 and 25 respectively of the Code of Criminal Procedure, 1973 at the companyt of the private companyplainants.
3027 of 1986 the appellants are facing prosecution for charges of forgery and cheating before the Additional Chief Metropolitan Magistrate, 37th Court, Esplanade, Bombay.
From the Judgment and Order dated 2nd/3rd July, 1986 of the High Court of Bombay in Criminal application No.
On 4th of December, 1979 the Government of Maharashtra appointed as Assistant Public Prosecutor for companyducting the said case for the prosecution in exercise of powers under section 25 1 of the Code of Criminal Procedure.
In the companynected Criminal Appeal arising out of S.L.P. Crl.
These numberifications were assailed in a group of writ petitions before the Bombay High Court and a Division Bench of that Court by a companymon judgment dated 2nd July, 1986, rejected the writ petitions and upheld the appointments.
1127, 527 and 866 of 1985.
305,306 307 of 1988.
By numberifications dated 4th December, 1979, 3rd August, 1983 and 17th July, 1985, the Government of Maharashtra in exercise of powers under section 24 8 of the Code appointed two advocates as Special Public Prosecutor for companyducting the prosecution.
The Judgment of the Court was delivered by RANGANATH MISRA, J. Special Leave granted in each of the three cases.
CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.
B. Bhasme, M.C. Bhandare, Dilip Pillai, P.K. Pillai, Sridharan and Amit Desai for the appellants.
3048 of 1986 the appellant is accused of an offence punishable under section 409 read with sections 120 B and 34 of the Indian Penal Code and is facing his trial in the companyrt of the same Metropolitan Magistrate.
No, 703 of 1987 the appellants are being tried for offences punishable under sections 506 ii , 337, 354, 504, 498 A, read with sections 114 and 34 of the Indian Penal Code in the Court of the same Metropolitan Magistrate, 40th Court, Girgaum, Bombay.
In the other companynected Criminal Appeal arising out of S.L.P. Crl.
M. Tarkunde, R.K. Garg, M.S. Rao, Y.R. Naik, Rajadyaka, S.B. Jaisingha, Ms. R. Jethmalani, C. Ramesh and Ashok Sharma for the Respondents.
S. Desai, G.B. Sathe, A.M. Khanwilkar and A.S. Bhasme for the State of Maharashtra.
