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Jul 06 2001

Om Prakash Joshi, Advocate and ors Vs. State of Rajasthan and ors

Court : Rajasthan

Decided on : Jul-06-2001

Subject : Constitution

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 24(1), 24(4), 24(8), 35 and 321; Constitution of India - Articles 13, 13(3), 14, 16, 16(1), 124(2), 126, 162, 163, 165, 165(2), 165(3), 216, 217, 217(1), 217(2), 222, 222(1), 226, 319, 361(1), 367 and 368 ;Code of Civil Procedure (CPC), 1908 - Sections 2(7) - Order 3, Rule 4(2) and Rule 4(6); General Clauses Act - Sections 13; Advocates Act, 1961 ;

Reported in : AIR2002Raj33; 2001(3)WLC199; 2001(3)WLN632

in consultation with the Sessions Judge in accordance, with the provisions of sub-section (4) of Section 24 of the Criminal Procedure Code, 1973;(3) A person shall be eligible to be appointed as Public Prosecutor or as an Additional Public Prosecutor … in accordance with the Rajasthan taw & Legal Affairs Department Manual (1999 read with Section 24 of the Code of Criminal Procedure, 1973.(c) The petitioners have not stated a single example of arbitrariness in the appointments and

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Aug 08 1996

Vasanthi Vs. Jaya Prakasha Rao and ors.

Court : Andhra Pradesh

Decided on : Aug-08-1996

Subject : Criminal

Acts : Constitution of India - Articles 21, 32 and 226; Indian Penal Code (IPC), 1860 - Sections 182, 183, 211, 324, 354, 415, 417, 420, 448, 468, 471 and 509; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 161, 173, 173(2), 173(8) and 190

Reported in : 1996(4)ALD150; 1996(4)ALT535; 1996(2)APLJ66; 1996CriLJ4243

fourth respondent, who was the Public Prosecutor at the relevant time. A prosecutor, appointed under Section 24 of the Criminal Procedure Code, 1973, is one selected by procedure of law and has to be a person of proven integrity and … of Nallakunta Police Station; Crime No. 60 of 1995, under Sections 448 and 509 of the Indian Penal Code of Kachiguda Police Station; Crime No. 61 of 1995, under Sections 415 and 420 of the Indian Penal

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Jul 12 1990

K.J. John, Assistant Public Prosecutor, Grade-i, Palai Vs. the State o ...

Court : Supreme Court of India

Decided on : Jul-12-1990

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 2(U), 24, 24(6), 25; Constitution of India - Articles 32, 133(1) and 309; Code of Criminal Procedure (CrPC) , 1898 - Sections 25, 492 and 495; Code of Criminal Procedure (CrPC) (Amendment) Act, 1978; Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978

Reported in : AIR1990SC1902; 1990CriLJ1777; JT1990(3)SC163; 1990(2)KLT651(SC); (1991)ILLJ1SC; 1990(2)SCALE20; (1990)4SCC191; [1990]3SCR319; 1990(3)SLJ32(SC); (1990)2UPLBEC922

at the Bar should not be less than 10 years.5. The original Section 24 has been amended by the Criminal Procedure Code (Amendment) Act of 1978 (hereinafter referred to as the Amending Act of 1978) w.e.f. 18th December, 1978 and … substantial question of law of general importance consisting the interpretation of Sub-section (6) of Section 24 of the CrPC, 1973.3. The Writ Petition under Article 32 of the Constitution has been filed by the Uttar Pradesh Public Prosecutors'

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Feb 16 1984

A.R. Antulay Vs. Ramdas Sriniwas Nayak and anr.

Court : Supreme Court of India

Decided on : Feb-16-1984

Subject : Criminal

Acts : Criminal Law (Amendment) Act, 1952 - Sections 6, 6(1), 8, 8(1), 8(3) and 9; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 190, 193, 200, 202, 202(2), 225, 238 to 250, 252 to 258 and 321; Prevention of Corruption Act, 1947 - Sections 5A

Reported in : AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914; AIR 1984 SC 7187

not for satisfying private lust or sense of vengennce. Proceeding along, it was stated that the scheme of Criminal Procedure Code clearly shows that serious offences are exclusively triable by a Court of Sessions and that even if a … police officer of a certain rank, what would have been the position in law.9. Chapter XII of the CrPC, 1973 bears the heading 'Information to the police and their powers to investigate.' Section 154 provides for information to … appointed by the Central or the State Government. It was urged that appointment of a public prosecutor under Section 24 of the CrPC is a solemn duty to be performed by the Central or the State Government, as

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Jul 12 2004

Sh. Tanvir Ahmed Mir Vs. Govt of Nct of Delhi and ors.

Court : Delhi

Decided on : Jul-12-2004

Subject : Civil

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 24(1) and 24(7)

Reported in : 2004CriLJ3777; 112(2004)DLT631; 2004(75)DRJ644

answer writ will be issued to oust such person from office. (ii) Overriding effect - Section 24 of Criminal Procedure Code, 1973 - conflict between administrative instructions and statutory provisions - statute prescribe minimum eligibility criteria - administrative instruction … reads as under:-'NOTIFICATION No.F-5(1)/91-Lit.- In exercise of the powers conferred by sub-section (1) of Section 24 of the Code of Criminal Procedure, 1973, the Lieutenant Governor of the National Capital Territory of Delhi, after consultation with the

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May 04 1988

Mukul Dalal and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-04-1988

Subject : Criminal

Acts : Maharashtra Law Officers (Appointment, Conditions of Service and Remuneration) Rules, 1984 - Rule 22; Indian Penal Code (IPC) - Sections 34, 114, 120B, 337, 354, 409, 498A, 504 and 506; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 24, 24(1), 24(8), 25, 25(1), 199(2), 225, 301(1), 301(2), 302, 308, 321, 377 and 378

Reported in : (1988)90BOMLR208; JT1988(2)SC280; 1988(1)SCALE909; (1988)3SCC144; [1988]3SCR868

and Assistant Public Prosecutors under sections 24 and 25 respectively of the Code of Criminal Procedure, 1973 at the cost of the private complainants.In Criminal … either in exercise of powers under section 24 or section 25 of the Code of Criminal Procedure of 1973. Section 24 deals with Public Prosecutors while section 25 makes provisions for Assistant Public Prosecutions. While sub-section (1) of section … the prosecution with the help of his advocate........."Appellant's counsel have challenged these conclusions of the High Court. Under the Criminal Procedure Code, the Public Prosecutor has a special status, and his is a statutory appointment. Under some of the provisions

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Apr 21 2004

State of U.P. and anr. Vs. Johri Mal

Court : Supreme Court of India

Decided on : Apr-21-2004

Subject : ServiceCivil

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 24(1), 24(2) to 24(6) and 320; Constitution of India - Articles 13, 14, 124, 142, 166 and 226; Bar Council of India Rules - Rule 36

Reported in : AIR2004SC3800; JT2004(Suppl1)SC443; 2004(5)SCALE1; (2004)4SCC714; 2004(3)SLJ175(SC)

bound to follow the principles laid down in the Legal Remembrancer Manual.CORRECTNESS OF THE HIGH COURT Service - Criminal Procedure Code (CrPC), 1973 - Section 24, 24(1), 24(2) to 24(6) and 320 - Appointment and renewal of term of District Government

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Nov 02 2001

B. Rajeswar Reddy Vs. K. Narasimhachari and ors.

Court : Andhra Pradesh

Decided on : Nov-02-2001

Subject : Civil

Acts : Bar Council of India Rules - Rule 36; Code of Criminal Procedure (CrPC) , 1973 - Sections 24, 24(4), 24(5) and 492; Andhra Pradesh Law Officers (Recruitment Conditions of Service and Remuneration) Rules, 1967; Andhra Pradesh Law Officers (Appointment and Conditions of Service) Rules, 1999 - Rules 5 and 6; Advocates Act, 1961 - Sections 49(1); Constitution of India - Article 217

Reported in : 2001(6)ALD679; 2001(2)ALD(Cri)951; 2001(6)ALT104; 2002CriLJ1

Prosecutors has not been done in terms of Section 24 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). According to the … per the provisions of Section 24 of the Code of Criminal Procedure, 1973.14. However, recently the State had issued G.O.Ms.No-187 Law (L) Department, dated 6.12.2000 … the ground that the appointment to the posts of Public Prosecutors has not been done in terms of Section 24 of the Code of Criminal Procedure (hereinafter referred to as 'the Code'). According to the petitioners the procedures … APLJ 352:'Now, a Public Prosecutor is appointed by the Government in exercise of powers under Section 492 of the Criminal Procedure Code. The choice is that of the Government and none can claim a right to be appointed. That must

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Feb 23 1994

Kasu Karthi Seetha Ramulu Vs. Government of Andhra Pradesh and ors.

Court : Andhra Pradesh

Decided on : Feb-23-1994

Subject : Criminal

Acts : Code of Criminal Procedure (CrPC) , 1973 - Sections 24(4) and 24(5)

Reported in : 1994(1)ALT722; 1994CriLJ2300

post in question. 7. Appeal allowed. Criminal - mandatory provision - Sections 24 (4) and 24 (5) of Criminal Procedure Code, 1973 - third respondent appointed as Additional Public Prosecutor and his post extended without complying with provisions of … Prosecutor was not in accordance with Section 24(4) and (5) of the Code of Criminal Procedure, 1973, hereinafter referred to as 'the Code'. Sub-sections (3), … the extension of the third respondent in the post of Additional Public Prosecutor was not in accordance with Section 24(4) and (5) of the Code of Criminal Procedure, 1973, hereinafter referred to as 'the Code'. Sub-sections (3), (4)

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Apr 15 2005

K.V. Shiva Reddy Vs. State of Karnataka and ors.

Court : Karnataka

Decided on : Apr-15-2005

Subject : Criminal

Acts : Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 - Sections 3(2); Indian Penal Code (IPC), 1860 - Sections 120B, 143, 144, 147, 148, 149 and 302; Code of Criminal Procedure (CrPC) , 1973 - Sections 2, 24, 24(8), 199(2), 225, 301(1), 301(2), 302, 308, 321, 377 and 386; Constitution of India - Articles 14, 21 and 226

Reported in : 2005CriLJ3000; ILR2005KAR4780; 2005(4)KarLJ22

the records. Though under the provisions of the Code of Criminal Procedure, 1973 the Government has the power to appoint a Special Public Prosecutor in … status and position as well as great powers have been conferred on the office of Public Prosecutor. Under the Criminal Procedure Code, the Public Prosecutor has a special status and his is a statutory appointment. Under some of the provisions … defined under the Code. Section 2(u) of the Code states that 'Public Prosecutor' means any person appointed under Section 24 and includes any person acting under the directions of Public Prosecutor. Therefore, the words 'Public Prosecutor' includes Public … granted to the accused under the laws of the country including the Code. The Prosecutor, while being fully aware of his duty to prosecute the

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