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mohitrao jadhav (Legal Profession )     19 September 2011

Criminal law u/s 304a, 337, 279

 

Hello friends, I have a query below, your elaborated and detail answer to the query will be appreciated. 

Q. Can an advocate appear and conduct trial against the accused on behalf of the complainant/FIR lodger in a criminal case under section 304 A, 337 & 279 of IPC, 1860 wherein the public prosecutor has been appointed.

Q. Is it a matter of right for an advocate or discretion of the court?



Learning

 4 Replies

Arvind Singh Chauhan (advocate)     19 September 2011

1. Yes .

2. It is decretion of court, to allow him.

Vipin Kumar Marya (Advocate)     19 September 2011

Dear Mr. Jadhav,

I agree with Mr. Arvind Advocate, but complainant/ FIR Lodger has to appear once to depose his statement and for cross-examination before the court.

Regards

 

Vipin Marya

== Law Lair ==

www.lawlair.com

9811340017

kvss.prabhakar rao (Advocate )     20 September 2011

Yes Mr. Jadav,  permission to prosecute should be filed under Sec 302 Cr .P.C . Application to apoint priva te advocate conduct prosecution must show specific reaosns do so. I tis discritionary of the Court

K.V.S.S.PRABHAKAR RAO ADVOCATE, RAJAHMUNDRY ( A.P. )

mohitrao jadhav (Legal Profession )     01 February 2012

Dear friends, thanks for replying the query put forth to this legal plateform. I do agree with Mr. Rao, who added a new law point to my knowledge. However, I would like to share one more law point with respect to same.

 

As per the Cr.P.C amendment bill, 2008. In section 24 of the principal Act, in sub-section (8), the following  proviso shall be inserted, namely:—

24 (8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.

“Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section”.

 

Thanks,

Mohitrao Jadhav (Adv.)

 


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