Crpc

Querist : Anonymous (Querist) 30 September 2011 This query is : Resolved
What does sec. 302 of the criminal procedure code exactly contemplates??
What type of application is to be made under the said provision?? want example of the said application if any??

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ajay kumar mishra (Expert) 30 September 2011
u/s 302 crpc no person can conduct the prosecution case without the permission of Advocate General, Govt. Advocate, P.P.and A.P.P. in simple if the victim interested to conduct his/her case he/she has to first take the permission of the aforesaid P.P. etc.
For example If you are victim of some offenses and on behalf of state your case is conducted by the A.P.P. but you intend to conduct your case by engaging advocate of your choice you may file application in this regard for seeking permission by the P.P. etc.

Shonee Kapoor (Expert) 30 September 2011
But what about Police Officer conducting prosecution in this regard sir?

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Raj Kumar Makkad (Expert) 30 September 2011
Ajay! I want to correct you.

Trial magistrate may permit the prosecution to be conducted by any person other than the police officer not below the Rank of Police Inspector and Advocate General, Govt. Advocae or PP need not get such permission.

Police officer, who conducted enquiry of the case, shall not be allowed to conduct such prosecution case.

So there is no matter of permission of PP ttc. rather it is a permission of court.

ajay kumar mishra (Expert) 30 September 2011
sir,
that means if the ld. trial magistrate allow any person to conduct the prosecution case he may do so in spite of the fact that P.P. has objection in this regard ?

kuldeep kumar (Expert) 01 October 2011
its prerogative of court not p.p to run prosecutions.

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