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july 2008

Supreme Court of India · 2008-07-22

Jayendra Saraswati Swamigal Alias ... vs State Of Tamil Nadu

Citation / case number
AIR 2008 SUPREME COURT 2997
Court
Supreme Court of India
Petitioner
Jayendra Saraswati Swamigal Alias ...
Respondent
State Of Tamil Nadu
Author
K.G. Balakrishnan
Bench
K.G. Balakrishnan, R.V. Raveendran, Mukundakam Sharma

Judgment text excerpt

The Supreme Court held that under Section 24 of the Code of Criminal Procedure, 1973, the State of Tamil Nadu retains the authority to appoint a Special Public Prosecutor for a case transferred to another state, provided the offence was committed within Tamil Nadu and the investigation was conducted by its police. The Court emphasized that the transfer of the case does not strip the original state of its prosecutorial rights unless explicitly directed otherwise. The High Court's confirmation of the Principal District and Sessions Judge's order was upheld, affirming the appointment of the Special Public Prosecutor by Tamil Nadu.

Jayendra Saraswati Swamigal Alias ... vs State Of Tamil Nadu · Niyam