R. S. NAYAK versus A.R. ANTULAY

R. S. NAYAK versus A.R. ANTULAY

Where criminal cases are transferred to High Court from Special Judge, the trial must proceed according to procedure in Chapter XIX-B of the Code of Criminal Procedure, 1973, from the stage where accused was discharged, and prosecution may be conducted by complainant’s advocate deemed Public Prosecutor under section 8(3) of the Criminal Law (Amendment) Act, 1952.

Parties
Petitioner: R. S. Nayak; Respondent: A. R. Antulay
Jurisdiction
India
Judgment Date
05 April 1984
Procedural Posture
Criminal Miscellaneous Petition / Criminal Appeal / Clarification of Earlier Supreme Court Order; Post Transfer to High Court for Trial
Outcome
Clarification issued as to procedure and role of Public Prosecutor; trial to proceed as directed.
Legal Topics
Procedure for Trial of Transferred Criminal Cases, Appointment of Public Prosecutor Under Criminal Law (amendment) Act, 1952
Criminal Law Procedure for Trial of Transferred Criminal Cases Appointment of Public Prosecutor Under Criminal Law (amendment) Act, 1952

Case Brief

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Parties

R. S. Nayak

Petitioner

A. R. Antulay

Respondent

Procedural Posture

Criminal Miscellaneous Petition / Criminal Appeal / Clarification of Earlier Supreme Court Order; Post Transfer to High Court for Trial

Legal Issues

  1. 1 What procedure is to be followed for trial of transferred criminal cases under section 8(1) of the Criminal Law (Amendment) Act, 1952?
  2. 2 Who should conduct the prosecution in such cases—State appointed Public Prosecutor or advocate engaged by complainant?

Ratio Decidendi

Where criminal cases are transferred to High Court from Special Judge, the trial must proceed according to procedure in Chapter XIX-B of the Code of Criminal Procedure, 1973, from the stage where accused was discharged, and prosecution may be conducted by complainant’s advocate deemed Public Prosecutor under section 8(3) of the Criminal Law (Amendment) Act, 1952.

Court Disposition

Clarification issued as to procedure and role of Public Prosecutor; trial to proceed as directed.

Orders

  • Trial to proceed before assigned High Court judge according to procedure in Chapter XIX-B, sections 244-247 of Code of Criminal Procedure, 1973, from stage after discharge.
  • Complainant may choose advocate to conduct prosecution who will be deemed Public Prosecutor; State need not appoint Public Prosecutor.