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april 2009

Supreme Court of India · 2009-04-16

STATE OF MAHARASHTRA vs PRAKASH PRAHLAD PATIL .

Citation / case number
SC 2008/26123
Court
Supreme Court of India
Petitioner
STATE OF MAHARASHTRA
Respondent
PRAKASH PRAHLAD PATIL .

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 High Court overstepped its jurisdiction by intervening in a policy decision of the State and emphasized that judicial review is limited to ensuring authorities act within their powers without causing miscarriage of justice. The Court directed the trial court to expedite the proceedings, concluding that the appointment did not prejudice the accused.

STATE OF MAHARASHTRA vs PRAKASH PRAHLAD PATIL . · Niyam