appointment of private lawyer
S.D. Singh
(Querist) 17 May 2015
This query is : Resolved
In police or state case public prosecutor is not doing well and it appears that he may benefit the accused. What are the rights of complainant. Whether he can appoint his private lawyer in the case. Whether court is bound to hear such private lawyer or complainant .
Devajyoti Barman
(Expert) 17 May 2015
yes, the de facto complainant can appoint his own alwyer who may assist the PP during trial.
ashok kumar singh
(Expert) 17 May 2015
in the event public prosecutor is not doing well and it appears that he may benefit the accused, in that event such facts should be brought before the Court, raising apprehension of delivery of proper justice, seeking the appointment of another competent p.p. in the interest of administration of justice and also seeks for appropriate punishment in pursuance of the IPC.
you may place such facts and seeks relief before the High Court.
Jeetender Gupta
(Expert) 18 May 2015
You can always appoint own lawyer. Courts can listen to him / her directly as well. Though as per law, they're reqd to assist PP who actually pleads before the court.
R.K Nanda
(Expert) 18 May 2015
yes, he can get his own lawyer.
S.D. Singh
(Querist) 18 May 2015
If accused object to it. Pl help in providing any case law or ruling in the matter or crpc section.
S.D. Singh
(Querist) 18 May 2015
If accused object to it. Pl help in providing any case law or ruling in the matter or crpc section.
T. Kalaiselvan, Advocate
(Expert) 19 May 2015
You can engage you own lawyer only to assist the PP, he cannot go beyond that. He cannot represent on your behalf in the court. The apprehended situation may be brought to the notice of the trial court by filing a petition as party in person in the capacity of defacto complainant on the date of hearing which will certainly be addressed by the magistrate, if not you can approach high court with a petition alleging the irregularity by the PP and can seek relief accordingly.
