tendering evidence in criminal cases by complainant
vinod bansal
(Querist) 29 January 2009
This query is : Resolved
Sir
My friend is complainant in a state (FIR)case u/ss 363/366 A/376 IPC. He want to tender/exhibit some documents (in original & some are xerox copies) on file in his evidence or at any stage of trial,but public prosecutor who is always incharge of a crl case is not helping him due to reason best known to him,what procedure my friend have to adopt.Plz help
Thanks
PALNITKAR V.V.
(Expert) 29 January 2009
Technically the prosecutor is in charge of the case. But it is not that the complainant has no voice at all. He can make a separate application to the court informing the non cooperation by the public prosecutor and seek permission from the court to tender the documents in evidence.
Srinivas.B.S.S.T
(Expert) 29 January 2009
If he thinks that the Prosecutor is not conducting the trial in a proper manner, he can file a petition under Section 302 (2) of Cr.P.C. seeking permission of the court to conduct prosecution either himself or through his advocate.
