mohitrao jadhav (Legal Profession ) 19 September 2011
Hello friends, I have a query below, your elaborated and detail answer to the query will be appreciated.
Q. Can an advocate appear and conduct trial against the accused on behalf of the complainant/FIR lodger in a criminal case under section 304 A, 337 & 279 of IPC, 1860 wherein the public prosecutor has been appointed.
Q. Is it a matter of right for an advocate or discretion of the court?
Arvind Singh Chauhan (advocate) 19 September 2011
1. Yes .
2. It is decretion of court, to allow him.
Vipin Kumar Marya (Advocate) 19 September 2011
Dear Mr. Jadhav,
I agree with Mr. Arvind Advocate, but complainant/ FIR Lodger has to appear once to depose his statement and for cross-examination before the court.
Regards
Vipin Marya
== Law Lair ==
9811340017
kvss.prabhakar rao (Advocate ) 20 September 2011
Yes Mr. Jadav, permission to prosecute should be filed under Sec 302 Cr .P.C . Application to apoint priva te advocate conduct prosecution must show specific reaosns do so. I tis discritionary of the Court
K.V.S.S.PRABHAKAR RAO ADVOCATE, RAJAHMUNDRY ( A.P. )
mohitrao jadhav (Legal Profession ) 01 February 2012
Dear friends, thanks for replying the query put forth to this legal plateform. I do agree with Mr. Rao, who added a new law point to my knowledge. However, I would like to share one more law point with respect to same.
As per the Cr.P.C amendment bill, 2008. In section 24 of the principal Act, in sub-section (8), the following proviso shall be inserted, namely:—
24 (8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.
“Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section”.
Thanks,
Mohitrao Jadhav (Adv.)
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