A writ petition seeking appointment of a specific advocate as Special Public Prosecutor was disposed of. The Court held that the prayer cannot be acceded upon representation by the State.
The writ petition stands disposed of; the prayer to appoint a specific advocate is not acceded to.
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.
Digitally signed by Vishwanath 1 / 3 Vishwanath S. Sherla S. Sherla Date: 2021.01.13 20:05:32 +0530 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION
26-CRWP-5790-2019.doc
CRIMINAL WRIT PETITION NO. 5790 OF 2019
Ramprasad Viswanath Gupta ...Petitioner
Versus
The State of Maharashtra & Ors.
...Respondents
Mr. Ramprasad V. Gupta Petitioner in Person present. Mr. J.P. Yagnik, APP for State.
CORAM : S. S. SHINDE & MANISH PITALE, JJ.
DATE : JANUARY 13, 2021.
P.C.:
1. This petition is filed with following substantive prayer:-
a. that this Hon’ble Court be pleased to issue a writ of Mandamus, or a writ, order of direction in the nature of Mandamus, directing the Respondent Nos. 1 and 2 to appoint Adv. Dr. Yug Mohit Chaudhry as Special Public Prosecutor at the cost of the State Government to conduct all the cases arising out of C.R. No. 246/2009 of Versova Police Station in the Bombay High Court.
the following order:-
Bhagyawant Punde
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1] Question is whether Advocate named by the petitioner should be appointed as Special Public Prosecutor and names Advocate should be assisted by woman Public Prosecutor as observed in paragraph 7 of this Court order dated 13th August 2014 in Criminal Writ Petition No. 2110 of 2014 or the State Government should be left free to appoint one of its Panel Advocate.
2] This Court is considering the controversy since 3rd February 2020.
3] On 25th February 2020, learned P.P. has informed the Court that the papers were pending with Office of D.G.P. for suitable remarks.
4] Today, learned P.P. submits that before the date scheduled for hearing of Criminal Appeal No. 854 of 2013 and all connected appeals, the appointment shall be made. He also submits that such appointed Advocate shall not obtain adjournment from the Court, hearing the matter, on that date on the ground that he has been instructed to appear recently.
5] Keeping all contentions of the petitioner open and
as all appeals are to come up for hearing on 11th March
Bhagyawant Punde
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2020, we place the present petition for consideration on 16th March 2020.
instructions submits that Mr. Rajiv Chavan, Senior Advocate has appointed to represent the State in appeals.
( MANISH PITALE, J.)
(S. S. SHINDE, J.)
Bhagyawant Punde
1 issue framed by the court
Whether the prayer to appoint a specific advocate as Special Public Prosecutor can be acceded to.
Colour shows how this judgement treated each authority
Criminal Writ Petition No. 2110 of 2014Referred¶19
1 provisions across 1 enactments
Ramprasad Viswanath Gupta
The State of Maharashtra
Shinde, Justice S. S.
Pitale, Justice Manish
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
