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Ezaan Khan   18 September 2023

PS vs accussed interference of complainant in the case

A case has been registered under 494 and charge sheet submitted to the Honble court by SHO and case is in trial stage between concerned PS and The Accussed but from PS no PP is attending the case only the complainant attending in the court on the dates and creating rukkus in court disturbing the premises.
my query is that do the complainant have rights to attend and argue her case instead of PP.
Respected experts pls advice


Learning

 2 Replies

T. Kalaiselvan, Advocate (Advocate)     18 September 2023

If it is a private criminal complaint then the complainant can conduct the case and present her arguments also either as party in person or through an advocate

.However if the case is prosecuted by police then she cannot interfere in the prosecution of he state.

Dr Ramesh Yadav   19 September 2023

your advocate can assist pp with the permission of court and appear in the absence of pp.

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