Anis (Asst. Manager - Sales) 09 April 2012

Can public prosecutor appear in a dv act case

Dear All,

I had applied AB as my wife filed false cases under Sec.498-A and Sec.406. The Assistant Public Prosecutor is appearing on behalf of State of Maharashtra to oppose the AB application.

Now my wife has filed a case in the Metropolitan Magistrate Court under DV Act through a Private Lawyer.

However the private lawyer is not appearing in the hearings of DV Act and the Assistant Public Prosecutor is appearing for arguements.

My question to the learned members is whether a Assistant Public Prosecutor can appear in a private DV Act case if he is not appointed by the State or the court for that particular case as DV is also a criminal case but the proceedings are civil in nature.

Also can Assistant Public Prosecutor have a private practice in Maharashtra.

A quick response will be highly appreciated as I have my DV Act hearing tomorrow.

Thanks & Regards,

Anis

Reply Follow

7 Replies

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 14 April 2012

No, He can not appear in DV case.

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Prakash S Thakkar (B.S.L LL.B) 23 May 2012

yas an p.p. can appear in Dv case also if its is joint with 498 a then only my friend.....

Shonee Kapoor (Legal Evangelist - TRIPAKSHA) 23 May 2012

How come?

Regards,

Shonee Kapoor

harassed.by.498a@gmail.com

Kumar (Self) 27 June 2014

Hi All,

Today, PP is appearing in my DV act . i don't have any other cases like 498a in police station in my name.

Is he allowed to appear. he is public servant right?

Thanks,

Kumar

Rocky Smith (Instructor @ Calcutta (rockysmith4calcutta@gmail.com)) 27 June 2014

I have some Sample petitions, Citations and Clues in the following links. Please read all of my posts that might help you.

https://www.lawyersclubindia.com/forum/Fight-against-misuse-of-498a-ipc--103100.asp#.U6gslUCm9dg

https://www.lawyersclubindia.com/forum/Best-way-to-fight-against-false-498a-103111.asp#.U6gsRkCm9dg

https://www.lawyersclubindia.com/forum/details.asp?mod_id=104564&offset=1