Appearance of government pleader in a criminal case as counsel
Rahul
(Querist) 14 November 2015
This query is : Resolved
in my case of 498a, the Government Pleader appears on behalf of opposite party. Is he allowed to work as counsel despite holding public office?
Devajyoti Barman
(Expert) 15 November 2015
If he is Police prosecutor he can not do so . However if he is a Public Prosecutor he can do so.
So take information about his actual position.
P. Venu
(Expert) 15 November 2015
Then who is appearing for the State?
Rajendra K Goyal
(Expert) 15 November 2015
Government Pleader / Public Prosecutor appears on behalf of state. Which is opposite party in your case?
dev kapoor
(Expert) 15 November 2015
Hi all,
I will be thankful if someone refers to a particular provision in the Code of Criminal Procedure or elsewhere (may in criminal rules of a particular State) that a Public Prosecutor can appear for the accused in a case filed by State (oe even otherwise)?????
Rahul
(Querist) 15 November 2015
Government pleader appears on behalf of my wife and state is represented by public prosecutor. Govt Pleader is appointed for representing Govt in civil cases. Now, he appears for my wife. Is he allowed?
T. Kalaiselvan, Advocate
(Expert) 21 November 2015
This government pleader may not be a government employee, he might be appointed on an adhoc basis during the tenure f the present government. Hence as an advocate he can very well for his client in the criminal case.
