Prashant More 31 May 2018

Can public prosecutor take a private case in crpc 125

To all the learned Counsellors and Members here, Request some clarity for my below queries.

1) Can a Sarkari Vakil / Public Prosecutor appointed by State in District Court sign a Vakalatnama in JMFC for a Private Case.

2)Secondly once this Private case goes in Appeal in the District Court, Can this Public Prosecutor argue in this Private case (as he is the Public Prosecutor in the same District Court)

Thanks & Regards

Prashant

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3 Replies

TGK REDDI 31 May 2018

No, he can't.

Prashant More 09 June 2018

Thanks Mr. Reddy for your prompt reply.

Would request you to further guide me on the following.

As understood from some people there are two types of Public Prosecutors. One who is appointed on a permanent basis and is paid salary, whereas other is someone who is temporarily or deputed for a a certain period and is on remuneration. What I got to know is that the one who is permanently deputed cannot take up a private case whereas the the other one who is temporarily appointed can take up the private case. Please help me understand this.

Also how can I find if he is a permanently appointed public prosecutor or a temporary one.

Would appreciate your reply on this please.

Thanks and regards

Prashant