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.