What is the role of the Public Prosecutor in proceedings under Section 173 (8) of the Code of Criminal Procedure?

In India, investigations are carried out in accordance with the provisions of Chapter XII of the Code. After completion of investigation, a police officer is required to submit a final report to the court under section 173. If a prima facie case is formed, this final report is filed in the form of a charge-sheet. Following that, the accused must stand trial. A closure report is filed if no conclusive proof is found. At the investigation stage, the public prosecutor plays the following role:

(1) He appears in the court and obtains arrest warrant against the accused

(2) He obtains search warrants from the court for searching particular premises for collecting evidence

(3) He obtains police custody remand for custodial interrogation of the accused (section 167)

(4) If an accused cannot be located, he initiates proceedings in the court for getting him declared a proclaimed offender (section 82) and to have his movable and immovable assets forfeited (section 83) and

(5) He records his advice in the police file regarding the advisability of prosecution.

After the completion of investigation, if the investigating agency comes to the conclusion that there is a prima facie case against the accused, the charge-sheet is filed in the court through the public prosecutor. It is to be noted that the police consider the public prosecutor's opinion before determining whether or not a prima facie case has been created. The ultimate decision of whether to send up a case for trial or not lies with the police authorities. In case there is a difference of opinion between the investigating officer and the public prosecutor as to the viability of the prosecution, the decision of the District Superintendent of Police is final.