Change of court and public prosecutor
Paul Moses
(Querist) 17 November 2015
This query is : Resolved
Dear Learned Counsels here at the forum,
I am fighting a case in the Local Chief Metropolitan Court In Bangalore wherein the opposite party and the accused is booked under IPC 420 and 406. The accused had been taken 15 days into judicial custody in 2014 and then took bail and absconded. Henceforth, The Police Station had taken 9 months to file a chargesheet inspite of this. When they did, the case started in the Metropolitan Court and Stage of Case was summons. A public Prosecutor was assigned and so far he has taken 3 dates each in the gap of some 6-8 months and that too in the summons phase. Then On , The Accused without the knowledge of the court or police here had gone for a transfer petition in the Supreme Court against the state which was outright dismissed. Now after repeated appeals for change of PP And Court, i am told that i have to write to the registrar of the CMM Court asking for this and that police doesnt have the power for this. My Question is . Is that True or am i being fooled by the Local Police. Please advise.
P. Venu
(Expert) 17 November 2015
"Now after repeated appeals for change of PP And Court, i am told that i have to write to the registrar of the CMM Court asking for this and that police doesnt have the power for this" Why you want the PP to be changed?
Anyhow, the the matter is within the court's domain and the court accedes to such requests only in exceptional circumstances.
Rajendra K Goyal
(Expert) 17 November 2015
Generally court does not accede to such requests till exceptional circumstances exist.
If the victim is not satisfied with the PP, he may engage his personal lawyer.
rajagopal.s
(Expert) 17 November 2015
you can appoint your own lawyer and apply to the court U/s.302 Cr.P.C. for permission to conduct prosecution.
The provisions of section 302 as well case law thereon is very clear and you will get permission to conduct prosecution through your lawyer.
