Sec 302 crpc
Sonia Prabhu
(Querist) 09 December 2013
This query is : Resolved
I am the first informant , complainant and victim of a criminal case. Hence under sec 302 cr pc I have made an application before a trial court for granting me permission to prosecute the trial.
As this sec is directly related to prosecution and it is a matter to be decided between the magistrate and the complainant I did not submit any copy of the application to the accused, but the court has made a verbal order to me to give copy to the accused as she will be taking their 'SAY.
My Query :
Can I challenge this act of the magistrate as I feel accused cannot be given an opportunity to decide who the prosecutor will be .
Kindly guide me under which sec can I file a Writ Petition
Arvind Singh Chauhan
(Expert) 10 December 2013
Yes there is no provision to give copy to accused as it is a matter purely between court and person seeking permission.
Court can't insist on this. If your application is rejected on the grounds of accuseed's objection you can file revision.
Rajendra K Goyal
(Expert) 10 December 2013
Section 302 in The Code Of Criminal Procedure, 1973
302. Permission to conduct prosecution.
(1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector; but no person, other than the Advocate General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted.
(2) Any person conducting the prosecution may do so personally or by a pleader
Agree with the expert arvind ji.
