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Surya R (business)     06 September 2025

Public prosecutor not represent cc case

We have criminal case against vendor and on hearing date public prosecutor is representing other cases until 2.30 and then after AR 4 pm my case in called and magistrate saying public prosecutor needed to say hearing in criminal mp but pp not available and magistrate calling when pp not present and if I try to represent then magistrate not allowing 

Can you help what I need to do



 6 Replies

Dr. J C Vashista (Advocate )     07 September 2025

The court has to listen to both the parties, it is the basic principle of delivery of justice.

Surya R (business)     07 September 2025

sir public prosecutor not representing my case and magistrate is calling when pp not available and with me rason called me for almost 35 hearings.I am PW2 and my mother is PW1

T. Kalaiselvan, Advocate (Advocate)     07 September 2025

It is a state prosecuted case, if your mother was defacto complainant, her role is only to adduce evidence as witness and not beyond that under the given circumstances. 

You are one of the listed witnesses, hence you cannot ask the court about this.

If the court has called the case and the PP was not available then the court may adjourn the case to some other day because the court cannot wait for the PP or anyone to be present when the court calls out the case. 

Advocate Bhartesh goyal (advocate)     07 September 2025

Victim can engage private counsel u/sec 301(2) Cr.P.C with permission of court.so  obtain the permission of court.

1 Like

P. Venu (Advocate)     07 September 2025

What is the Case No.? Which Court?

Dr. J C Vashista (Advocate )     08 September 2025

Well advised by learned senior expert Mr. Bhartesh Goyal ji, I endorse it.

The private counsel engaged by victim can compel PP to adduce evidence(s) on time and as required, although such lawyer is to assist the PP, being a State case.


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