Niyam v2 is live — start for just ₹100 — 200 credits to try

april 2009

Supreme Court of India · 2009-04-16

State Of Maharashtra & Ors vs Prakash Prahlad Patil & Ors

Citation / case number
AIR 2010 SUPREME COURT 463
Court
Supreme Court of India
Petitioner
State Of Maharashtra & Ors
Respondent
Prakash Prahlad Patil & Ors
Author
Arijit Pasayat
Bench
Asok Kumar Ganguly, Arijit Pasayat

Judgment text excerpt

The Supreme Court set aside the Bombay High Court's judgment allowing a Writ Petition challenging the appointment of a Special Public Prosecutor under Section 24(8) of the Code of Criminal Procedure, 1973. The Court held that the scope of judicial review over executive decisions is limited and that mere wrong decisions do not warrant interference unless there is a miscarriage of justice. The Court emphasized that the appointment of a Special Public Prosecutor does not prejudice the accused, and thus the High Court's intervention was unjustified.

State Of Maharashtra & Ors vs Prakash Prahlad Patil & Ors · Niyam