relevency of opinion of public prosecutor.
Querist :
Anonymous
(Querist) 30 January 2011
This query is : Resolved
sir,
when public prosecutor gives his opinion when asked for by the I.O the case, is solely on that opinion and not on any further investigation police can file the charge-sheet.if yes is there any relevent case law on the issue or if no then also is there is any relevant case law to support this argument that-
"opinion of P.P can not be the sole basis of filing the charge sheet and just on that ground magistrate can not take the congnizance of the case."
Advocate. Arunagiri
(Expert) 30 January 2011
P.P. opinion is not the basis for filing the charge sheet. The PP opinion is the internal matter. But the IO has to produce the materials justifying his charge sheet.
When the magistrate is having the discretion to reject the Charge sheet, PP's opinion on the charge sheet has no value.
Guest
(Expert) 30 January 2011
Mr Arunagiri is right... I would like to add... coz.. I ve an experience as public Prosecutor 2003-2008 so want to share something more..
When I.O. has completed the investigation then he/she note down his/her opinion i.e. Police Brief.... on that police brief n complete case diary A.P.P. gave his/her opinion i.e. (Prosecution Brief).... this is a private/secret document.... In that opinion a prosecutor primarily see what are the curable n non curable defects in the investigation...n gave the opinion the cure the defects.. like...Collect FSL report, Enclosed copy of Malkhana Register, Get X RAY report n X ray plates, etc etc. then he/she hand over the file along with prosecution brief n case diary to the I.O.... If I.O. agrees with the opinion of prosecutor then he/she put up the charge sheet before A.P.P. and then I.O. submits the charge sheet before court through A.P.P..... n court is not bound to take cognizance of the offence mentioned in charge sheet... but on the contarary... public prosecutor ve the good experience in criminal law field n he/she give the opinion on the basis of evidence collected by the Investigating officer... in rarest of rare cases magistrate refuse charge sheet....
s.subramanian
(Expert) 31 January 2011
The direct authority on the matter is in Sarla Vs.Velu ,the decision of the Supreme Court of India rendered in the year 2000.
Ajay Bansal
(Expert) 31 January 2011
Agreed with Arunagiri.
Guest
(Expert) 04 February 2011
but at present its very ridiculous position in criminal justice system.... prosection n police separated after the 1973 Cr.P.C. amendment but still there is interference of police in prosecution working.... i.e. a very simple examPle is... "A.P.P. has opined in the prosecution brief that no offence is made out hence final report (negative) should be filed in a particular case but I.O. not agree with that opinion n put up that file with case diary before S.P. if S.P. 'll give orders to file charge sheet then opinion of A.P.P. becomes useless.."
So, if there is no value of A.P.P.'s opinion then this Prosecution-Brief system should be deleted...... or opnion of A.P.P. should be revised or changed only by the superior officers of Prosecution Department itself...n not by Police .
Querist :
Anonymous
(Querist) 04 February 2011
thnks lernends!!
but in my case only on the opinion of P.P the charge sheet has been filed.and I want to go for the revision of the cognizance by C.J.m. on this ground that chargesheet must be quashed as P.P opinion is of no value.
Guest
(Expert) 05 February 2011
This not the ground for challenge the cognizance order....if there is no offence made out after perusal of chrge sheet thn cognizance order can be set aside....A.P.P. opinion is a secret document even court not compel prosecution to show or produce that document .... Argue the case on merits...... good wishes
Querist :
Anonymous
(Querist) 05 February 2011
Sir, but yet polce in charge sheet has mentioned that the same is being filed on the ground that in the opinion of P.P charges are being made out.,
