Additional public prosecutor

jeevan1950 (Querist) 07 April 2012 This query is : Resolved
Can the Additional Public Prosecutor file Revision on behalf of accused Government Servent of Central Government without filing any authority?
This is a genuine problem as the State APP is appearing in all cases of Central Govt Filing memo as' i am engaged'

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Raj Kumar Makkad (Expert) 07 April 2012
APP is required to see the interest of the State/Centre and not of the accused. How can he file the revision on behalf of the accused. I think either you are misguided or that APP wants to be terminated from government service.

jeevan1950 (Querist) 07 April 2012
The Accused were central government servants and in a private case for Defamation and also u/s 167 & 170 of IPC

venkatesh Rao (Expert) 07 April 2012
Not at all. APP/AGP can only represent the state.

jeevan1950 (Querist) 07 April 2012
Yes Thanks for that Mr Venkatesh Rao. i searched for some authorites n found just one of AP HC and Calcutta HC. r there some others?

Nadeem Qureshi (Expert) 07 April 2012
Dear Querist
I agree with Mr. Makkad

Shonee Kapoor (Expert) 08 April 2012
I also endorse the views of Ld. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

venkatesh Rao (Expert) 08 April 2012
It is basic principle that an advocate/APP cannot paddle two canoes at a time. The government is a juristic person separate from its employees. Such rule of normal prudence does not require any case law.

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