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procedure of case u/s 302 IPC

Querist : Anonymous (Querist) 26 July 2011 This query is : Resolved 
Hi Experts,

I am private advocate going to appear for state in u/s302 IPC case.can u plz suggest me what is the procedure of trial of this case.like when police submit challan,before challan it is only appearence of accused,what is the role of private advocate in state side case.plz guide me properly.
Guest (Expert) 26 July 2011
SIR,
YOU MAY KINDLY SEND THE DETAILS OF F.I.R.AND CHARGESHEET FOR HELP.
IN BRIEF KINDLY NOTE THAT.
1.P.P.WILL APPEAR ON BEHALF OF STATE IN ALL POLICE CASES INCLUDING THE CASE YOU MENTIONED UNDER SEC.302 (MURDER),OF I.P.C.
2.A PRIVATE ADVOCATE CAN FILE A VAKALATNAMA ON BEHALF OF COMPLAINENT AND TO HELP THE P.P.KINDLY NOTE THAT YOU HAVE TO SUBMIT VAKALATNAMA SIGNED BY THE COMPLAINENT AND IT SHOULD BE DULY COUNTERSIGNED BY THE P.P.THEN COURT MAY ALLOW YOU TO APPEAR IN THE SAID CASE.
3.YOU MAY DISCUSS THE CASE WITH P.P.AND JUST WATCH THE PROCEDURE AS P.P.WILL CONDUCT THE CASE ON BEHALF OF THE STATEAND WILL EXAMIN IN CHIEF THE WITNESSES AND THE ADVOCATE FOR ACCUSED WILL CROSS EXAMINE THE WITNESSES.GOOD LUCK.
THANKACHAN V P (Expert) 26 July 2011
Hope this citation sufficient for your query


2009 (2) KLT SN 46 (C.No. 49)
Hon'ble Mr. Justice R. Basant
Seleena v. State of Kerala
Crl. M.C. No.3631 of 2008
13.1.2009


Criminal P.C. 1973, Ss.301 & 302 - When permission is granted under S.301( 2), Public Prosecutor continues to be in charge, whereas when permission is granted under S.302, that seat is occupied by private counsel - Private Counsel when can be permitted to conduct prosecution.


@page-KLTSN47(C.No.49)#

Held: When permission is granted under S.302 Cr.P.C the private counsel engaged takes over the role of the Prosecutor whereas when permission is granted under S.301(2) Cr.P.C, the Public Prosecutor proceeds to conduct the prosecution and the pleader instructed by the complainant acts under the directions of the Public Prosecutor. When permission is granted under S.301(2) Cr.P.C, the Public Prosecutor continues to be in the driver's seat whereas when permission is granted under S.302 Cr.P.C. that seat is occupied by the private counsel. In the interests of a fair trial not a private party but a disinterested prosecutor is ideally suited to conduct a prosecution. Of course, in an appropriate case where the court is satisfied by exceptional reasons that justice may not be rendered in a criminal trial by the Prosecutor and there is need to appoint a private counsel to conduct the prosecution, such permission can be granted under S.302 Cr.P.C. That can only be in an exceptional case where the Public Prosecutor appointed by the State can thus be excluded from the conduct of the prosecution.
Ravikant Soni (Expert) 26 July 2011
Go thru the Cr.P.C. section 225 to 235 where the procedure of sessions trial is contemplated.

As you r a private advocate so you can only assist the public prosecutor. But if state has appointed you as prosecutor then you can proceed and perform in that manner.

Challan is submitted before magistrate. The trial commence when the case is committed to sessions court in session trial cases. So before the magistrate there is no any significant role of a private lawyer during filing of challan...
Shastri J.K. (Expert) 26 July 2011
I agree with mr. soni.
Ajay Bansal (Expert) 27 July 2011
See section 301 and 302 of Cr.P.C.


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