RADHAKRISHNAN Vs. ANILKUMAR

JUDGEMENT

(1.) Can the prosecution in a case before the Court of a Magistrate be conducted by a Special Public Prosecutor appointed by the Government for the said case

(2.) The Government has appointed an Advocate as a Special Public Prosecutor under Section 24(8) Cr.P.C., for conducting the prosecution in C.C.No.617/2001 of the Judicial First Class Magistrate's Court-I, Neyyattinkara. The same is under challenge here.

(3.) According to the learned counsel for the petitioners, the appointment has been made as a 'Special Public Prosecutor' and not as a 'Special Assistant Public Prosecutor' and therefore, he cannot conduct the prosecution before a Magistrate's Court.