The petitioner, wife of an accused, challenged the appointment of a Special Public Prosecutor via writ petition, claiming procedural non-compliance. The court rejected the argument, finding no prejudice to the accused and dismissing the petition.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
17-wp-1973-2014
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
WRIT PETITION NO.1973 OF 2014
Sou. Geeta Ajit Tiwade...Petitioner
vs.
State of Maharashtra
and Others...Respondents
Mr. Anand Patil, for the Petitioner
Mrs. M.M. Deshmukh, A.P.P., for the State.
CORAM : V.M. KANADE &
P.D. KODE JJ.
DATE : SEPTEMBER 25, 2014
P.C.:
.Heard the learned counsel appearing on
behalf of the petitioner. The petitioner is the
wife of the accused who has been tried for the
offences punishable under Sections 302, 307, 147,
148, 149, 341, 120(B) and 427 of Indian Penal Code.
It is submitted that the procedure which is
prescribed for the appointment of Special Public
Prosecutor has not been followed. It is submitted
1/2
Vishal Parekar
17-wp-1973-2014
that therefore, the order of appointing Mr. Ujwal Nikam as a Special Public Prosecutor has to be set aside. Reliance is placed on the judgment of this Court in the case of “Jayesh Pratap Doshi vs. State of Maharashtra and Ors.1 ”
2.We are unable to accept the submissions of
the learned counsel appearing on behalf of the
petitioner. Ultimately what is to be seen is the
procedure which is laid down. We are of the view,
that no prejudice would be caused to the accused by
appointment of Special Public Prosecutor as he has
no locus to challenge the appointment of Mr. Ujwal
Nikam. We are not inclined to interfere with the
order of the appointment of Special Public
Prosecutor. The petition is therefore, dismissed.
2/2
Vishal Parekar
1 issue framed by the court
Whether the High Court should set aside the order appointing a Special Public Prosecutor due to alleged non-compliance with appointment procedure.
1 provisions across 1 enactments
Sou. Geeta Ajit Tiwade
State of Maharashtra
V.M. Kanade
P.D. Kode
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court