CHANDRAHAS KASHYAP Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD counsel for the parties at length.

(2.) THIS Writ Appeal has been filed against the impugned order dated 28/02/09 passed by learned Single Judge in Writ Petition (S) No. 59/08.

(3.) THEREFORE, a plain reading of Section 25 Cr.P.C. shows that the State Government in every District of the State and the Central Government, are empowered to make appointments of one or more Assistant Public Prosecutors as a whole. The difference in appointment by the State and the Central Government is that the State Government to appoint in each district of the State one or more Assistant Public Prosecutors for conducting the prosecution in the courts of Magistrates, but it is not the obligation of the central Government to appoint one or more public prosecutors in each district and also the central Government may appoint the Assistant Public Prosecutor to conduct any case or class of cases in the Courts of Magistrates. The above power of the State Government cannot be exercised by the District Magistrate under Sub-section (3) of Section 25. THEREFORE, the District Magistrate can exercise powers which are to be exercised in emergent cases where the Assistant Public Prosecutor to conduct a particular case is not available.