SANJAY KUMAR DAS Vs. STATE OF ODISHA

JUDGEMENT

(1.) In this writ petition, the petitioners who are practicing lawyers have challenged the Orissa Act 6 of 1995 amending provisions under Section 25 of the Code of Criminal Procedure, 1973 (for short "Cr.P.C.").

(2.) Learned counsel for the petitioners states that the Code of Criminal Procedure (Orissa Amendment) Act, 1994 received the assent of the President on 10th March, 1995 and published in the Orissa Gazette vide notification on 13th April, 1995 (Annexure-1), whereby a proviso to subsection (2) of Section 25 has been inserted. Section 25 of Cr.P.C. along with Orissa Amendment is reproduced hereunder:

(3.) Learned counsel for the petitioners contended that the very observations of the Law Commission in its fourteenth report at para-3, which are part of this writ petition at Annexure-2, clearly states that the Public Prosecutors are not subordinate to police. Para-3 of the Law Commission Report which is relevant for our discussion, is reproduced hereunder: