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.