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R.SHAH (OFFICE STAFF)     20 June 2013

Pp same in both case represent for complianant / accused

hi all,

in 498a case, i m accused.

A public prosecutor (i.e. PP) can represent state case of 498a (the original complainant is lady in 498a) and same PP was representing state case in chief Judicial magistrate court (the original complainant is presiding officer of court who file perjury case u/s 340crpc r/w 195crpc against complainant lady in 498a case and i m the original complainant before this presiding officer court in restitution of conjugal rights case).

As this PP is favouring to the complainant / accused lady in both the cases, the case before chief judicial magsitrate not proceeding further and this PP who is assigned for Chief court conducting the perjury case against this lady and not allowing to get charged frames and hearing since long. whereas in 498a case this PP was just prolonging the matter by adjournment for one or other reasons. as i heard from the 498a court that this PP is specially appointed to represent her 498a case against you upon their request to DGP.

kindly advise, is this can be possible same PP is representing state case (for complainant lady) and representing state case file against her for perjury.

i want to change this PP from one of my case, i feel if i changed in 498a case it gets dragged for more months, so asking changed in perjury case before chief court would be appropriate. but legal experts advise are welcome and i do act accordingly.

pls. reply me soon.

regards

 



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