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Shree. ( Advocate.)     21 June 2009

Should the Court in the absence of APP proceed with the tria

Should the Court in the absence of APP proceed with the trial?



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 5 Replies

N.K.Assumi (Advocate)     22 June 2009

Shree, our criminal justice systems is based on adversial systems and as such I am of theview that the Court can not proceed with the trial in the absence of APP. APP represent the State that is people, so how can the trial proceeds in the absence of APP. I am sure you must be having a good reasons in posting such query.

V.V.RAMDAS (Advocate)     24 June 2009

Dear Friend ,

If the situation continues for days together what will be next course of action by the court ?

V.V.RAMDAS (Advocate)     24 June 2009

in my opinion the court  must have to take help of any good lawyer to assist the court, which is otherwise known as Amescuri-friend of the court. But with out prosecution  the court should not have to proceed with  the trial. 

B.N.Rajamohamed (advocate / commissioner of oaths)     28 June 2009

 

Certainly, when the A.P.P.is abscent the Magistrate himself can examine the witness in chief and permit the defence to cross examine the witness. 


 

B.N.Rajamohamed (advocate / commissioner of oaths)     28 June 2009

 

Section 309 Cr.P.C. tabooes unnecessary adjournments when the witness is present in the court to tender evidence. 


 

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