App assisted by private lawyer
Shivam
(Querist) 14 March 2013
This query is : Resolved
Experts,
my 498a case has just started. the other party has appointed private lawyer to assist the APP. can this be done without sufficiently proving to the court that APP is incapable in any manner? Can the judge allow the arrangement without lettingm y lawyer contesting the same?
Thanks
Advocate M.Bhadra
(Expert) 14 March 2013
In response to your two queries please note :----1)Yes,complainant can appoint private lawyer to conduct the case. 2)Yes,Magistrate can Proceed the trial without a lawyer.
Public Prosecutor does not represent a person, but the State.
Original Complainant can engage a private lawyer, who can assist the public prosecutor in some cases and can conduct the case on behalf of original complainant in some cases. There are express provisions in Cr.P.C. to this effect.
Devajyoti Barman
(Expert) 14 March 2013
This is standard procedure. One need not take any prior consent of Court to appoint private lawyer.
Raj Kumar Makkad
(Expert) 14 March 2013
Any party can appoint his lawyer for the assistance to APP without telling the reasons.
Adv k . mahesh
(Expert) 14 March 2013
you can appoint a good lawyer by enquring at bar association or your good friends and appoint a lawyer and public prosecutor will assist government means home department in this matter
Shivam
(Querist) 16 March 2013
Thanks people
