31 May 2009
Public Prosecutors are appointed u/s 24 of the Criminal Procedure Code. There is a Regular cadre of Prosecuting Officers who are promoted as Public Prosecutors. They are Gazetted Officers in “Group A” cadre.
The Public Prosecutors conduct prosecution of cases on behalf of the state in the Sessions Court, Addl.Sessions Court, Asst. Sessions Courts and Fast Track Courts. The cases handled by the PPs are grave in nature and exclusively triable by the Sessions Courts. In addition to their above duties the PPs are appointed as Special Public Prosecutors before specially designated courts under various special acts like NDPS Act, under Prevention of Corruption Act, Prevention of Atrocities on SC & ST etc. The Public Prosecutors appear in the appeals and revisions filed against the order’s of JMFCs, in the Sessions Courts. The PPs also appear in the hearing of the bail applications on behalf of the state.
The Senior PPs are also directed to give the opinion before filing the charge sheet in the cases to be filed on behalf of the state in the courts of Judicial Magistrate First Class.
Offices of the Public Prosecutors, Senior Assistant Public Prosecutors and Assistant Public Prosecutors normally situated within the respective Court premises.
The investigating officers of all the Government Departments concerned may seek advice or opinion of the Prosecutors at all stages including stage of investigation or filing the charge sheets or complaint with regard to legal matters.
Public Prosecutors, Senior Asst. Public Prosecutors, Asst. Public Prosecutors are also entrusted with the work of furnishing opinion for preferring revisions –appeals , and also for withdrawal of cases from prosecution whenever and wherever necessary after approval from the Government.
Asst. Public Prosecutors – cum – Asst. Government Pleaders are entrusted with the work of conducting Civil cases with regard to the Government Department before Civil Judges (Jr.Dvn) and also entrusted with the work of furnishing opinions in Civil matters to the concerned Government Departments. Also entrusted with the work of furnishing opinion for preferring revision and appeals in Government civil matters.
Public Prosecutors, Senior Asst. Public Prosecutors, Asst. Public Prosecutors are also exercise powers of supervision and control over the work of the subordinate staff attached to their respective offices.
In cases ending in acquittal or where there is a conviction only for a minor offence, the accused having been acquitted or more serious offence, in the Court of any Magistrate the Senior Asst. Public Prosecutor or the Asst. Public Prosecutor in charge of the said case should within 15 days from the date of judgement obtain and submit a certified copy of the judgement along with his report indicating the reasons for filing or not filing an appeal to the Deputy Director of Prosecutions.