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Vijayalakshmi (PM)     26 February 2014

Does public prosecutor represent the petitioner in 498a case

Hi,

Can petitioner of a 498a case hire a lawyer to fight on her behalf? I was told that only a public prosecutor can represent a petitioner and that I cannot hire a lawyer. Please clarify.

Thanks

Vijji



Learning

 6 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     26 February 2014

if the case is state case then only public prosecutor will fight the case otherwise not. means if FIR is registered then only

Vijayalakshmi (PM)     26 February 2014

Thank you. FIR was filed and arrest warrant was issued. But, since he has taken anticipatory bail, he was not arrested. This happened in 2010. But, it has come to court hearing now.


Does this mean, I cannot hire a lawyer?


Thanks

Vijji

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     26 February 2014

If you are the petitioner.  you cannot hire a lawyer. Public Prosecutor will lookafter.

Nagalakshmi S.-9035853161 (Advocate)     26 February 2014

 Once a Chargesheet is filed by the concerned Police the Public Prosecutor will represent the case on behalf of you. Your Advocate can assist the Public Prosecutor by filing an application under 301(2) of Cr. P. C where your Advocate is asking the Court to permit him to assist the Prosecutor. if the Court permits and if there is not objection from the other side he will be assisting the Prosecutor. But he can not appear or represent the case he can assist the prosecutor with briefing the facts, tutoring the witnesses with the help of prosecutor. Your Advocate will only be authorised to submit written statement at the time of argument of the prosecutor. 

nikhil singh (Advocate)     26 February 2014

Yes Complainant at any point of time engage a lawyer. Who shall assist the public prosecutor as the 498A cases are state case. For further assitance you may call me

Nikhil Singh Associate,

Law Consults 'LawCon House',

D-61, East of Kailash New Delhi - 110065

https://www.law-consults.com https://www.lawinc.in

+917838078186, +919352444446

T. Kalaiselvan, Advocate (Advocate)     28 February 2014

Yes, advised by adv. Ms. Nagalakshmi, you can engage a lwyer to assist the public Prosecutor but again he has very limited role to play in this case, he cannot directly prosecute the accused.


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