Aiding to Prosecution


                 I have appeared in one Criminal Case Regarding 420, 463, 465, 471 of IPC mainly Cheating at latter stage ie. Cross Examination Of Complainant.  On one date of hearing Public  Prosecutor was working in other court, and further Cross of Complainant started.  As while accused's advocate was putting misleading and vague questions to Complainant and trying to extract answers by tactis, I raised objections to that. But, objection was over-ruled by JMFC on the ground that,  as my role is only to aiding to prosecution, in the absence of PP i have no voice to raise any query directly.

                 I was told to show the provision in Cr.P.C. regarding that and also any citation if any.

                 In my opinion Cr.P.C. section 302 is there wherein I can Directly take part in Hearing i.e. Chief, Cross, Arguement of case ,  of cource with permission of Court.

                 But on this also it was argued that, that section is for Polise Persons below specific rank who is willing to conduct prosecution case.

                 So please, guide me in this matter.

                 Thanks in Advance.

 
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Hello Mr. Sawant

        The private person so permitted to conduct the prosecution,can engage a counsel to do the needful in the court on his behalf. It furthe amplifies the position that if a private person aggrieved by the offence committed against him or against anyone in whome he is interested he can approch the magistrate and seek permission to conduct the prosecution himself. If the court thinks that the cause of justice be served better , the court would generally grant such permission. So make an application u/s 302 cr.p.c. SEE also J.K. international V/S State reported in ( 2001 ) 3 SCC page no. 462.

                                                                                                             


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Thank you very much !!!!!!

 
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