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prof s c pratihar ( urologist &legal studies)     08 September 2008

crpc301,assistance to public prosecutor

dear members, complainant can engage a counselof personal choice.-who acn assist pp, app and even submit wrutten argument after the evidence is over.sometimes pp is influenced by accused persons. suppose written argument differs with pp then what course of action is open to magistrate?some dark areas are there .can anyone focus light on this problem? drsc pratihar


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 5 Replies

Srinivas.B.S.S.T ( Advocate)     09 September 2008

Sir please go through Section 302 (2) of Cr.P.C

prof s c pratihar ( urologist &legal studies)     09 September 2008

dear mr srinivas


my query was --magistrates grant permission to assisted counsel.by that he gets some statutary rights.whether in such circumstance will his written argument be rejected?s.302 crpc bit silent and/or not absolutely positive nor negative.i need bit elaboration .thanks, drscpratihar

N.K.Assumi (Advocate)     09 September 2008

Dear Dr.S.C.Pratihar,


                                               I must admit that there is no grey area in this aspect. If there is any differences between the private counsel assisting the PP, well that can amicably be pointed out to the PP, and with the permission of the Court such private counsel can submit written argument after the evidence is closed in the case and this is clearly spelt out in section 301(2) CRPC.

prof s c pratihar ( urologist &legal studies)     09 September 2008

thanks mr assumi.quiry is resolved     drscpratihar

prof s c pratihar ( urologist &legal studies)     09 September 2008

thanks mr assumi.quiry is resolved     drscpratihar


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