...in every trial before a Court of Sessions, the prosecution shall be conducted by a Public Prosecutor. However, under Section 301(2) Cr. P.C if any private person instructs.... Thus, Section 301(2) Cr. P.C does not wipe off a private person from the proceedings but the role assigned to the private person is very limited and he has to act under the...(Fast Track) No. 4, Bharatpur in sessions case No. 1/2006 whereby his application filed under Section 311 Cr. P.C has been dismissed.2. The short controversy...

...Section 301(2) Cr. P.C it was contended that the complainant had every right to engage a private counsel and he could have acted only under the direction of the public...interpretation of Section 301(2) Cr. P.C and finally concluded that Sri M.P.S Rana, advocate, for the complainant might act in the case but he was to act under the direction of...the public prosecutor as provided under Section 301(2) Cr. P.C and he would have no right to conduct the examination-in-chief of any prosecution witness or to act for any...

..., but section 301(2) is an exception to the above to a certain extent/principle. “Public Prosecutor” is defined in section 2(u), Cr. P.C, as any person appointed under...section 301(2), Cr. P.C, clearly provides that such lawyer “shall act under the directions of Public Prosecutor of Assistant Public Prosecutor” and he may also submit written argument after the...FIR lodged by the victim/informant, he should be allowed to say, inasmuch as, the limited role allowed to a complainant under section 301(2), Cr. P.C, is not sufficient to...

...Kumar v. Hukum Chand, (1999) 7 SCC 467. He further argued that looking to the language of Section 301(2) Cr. P.C...(1988 Cri LJ 278) (supra) that a plain reading of sub-sections (1) & (2) of Section 301 Cr. P.C makes it clear that if...is in charge of a Public Prosecutor. This analogy derived by the Calcutta High Court appears to be based upon the language of Section 301(2) Cr. P.O It is held that when the section itself says that...

...of Section 301, Cr. P.C. learned counsel for the revisionists has contended that section 301(2), Cr. P.C. provides that only Public Prosecutor or Assi...submissions of learned counsel for the revisionists.9. So far as the first objection relating to section 301(2), Cr. P.C. is concerned, the certified copy of the...the application. Moreover, there is no such bar under Section 301, Cr. P.C. which prohibits the victim of a case to move any application before the court concerned...

...Magistrate did not allow the petition in view of the provision in section 301(2), Cr. P.C where a Lawyer engaged by a private person is to act only on the guidance and...Public Prosecutor where no Assistant Public Prosecutor is available for the purpose of any particular case. Mr. Dhal submitted that this provision if read with sections 301(2) and 302, Cr. P.C wou...conduct the case with the truth of which he himself is not satisfied.”8. Mr. Dhal relied upon section 25, Cr. P.C in support of his contention that the same...

.... Furthermore, the applicant has been granted permission under Section 301 (2) of Cr. P.C to assist the prosecution. Section 301 (2) of ...G.S Ahluwalia, J.:— This petition under Section 482 of Cr. P.C has been filed against the order dated 11.01.2016 passed by Sixth Additional Sessions Judge..., Gwalior in Criminal Revision No. 577/2015 arising out of order dated 14.09.2015 passed by Judicial Magistrate First Class, Gwalior in Criminal Case No. 1166/2015.2. Necessary facts for the...

...1. Heard on I.A. No. 2409/2020, an application filed under Section 301(2) of Cr. P.C. for assisting the prosecution filed by the complainant.... 2. The same is considered and allowed. 3. Shri Vishal Singh Bhadoria, learned counsel for the complainant is permitted to assist the prosecution.... 4. Perused the case diary. 5. Learned counsel for the rival parties are heard. 6. This is third bail application u/S. 439 Cr. P.C...

...after permission of the Court as per Section 301(2) of the Cr PC. It is also submitted that the petitioner/informant is delaying the matter purposely in disposal of the case as there-was a specific...under Section 301(2) of the Cr PC falls within the Chapter titled "General Provisions is to Inquiries and Trials". When such a role is permitted to be played by a private person, though it is a limited...does not required to be interfered. However, the trial Court should proceed with the case in accordance with Section 301(2) of the Cr PC which is clear and obvious. Both parties are directed to get the...

...is properly conducted. Section 301 of the Code of Criminal Procedure, however, requires that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any writte...Prosecutor, as the case may be.9. It is thus clear that the Law Officers of the Government mentioned in the provisions of section 301 or section 302 read with section 25, Code of Cri...permitting the advocate of complainant to assist the assistant Public Prosecutor or to file his written arguments as provided under sub-section (2) of section 301, Cr. P.C...

.../victim has filed an application under Section 301(2) of Cr. P.C. alongwith affidavit of the prosecutrix/victim by stating that prosecutrix has no objection if bail is given to the present applicant...required. He shall abide by all the conditions enumerated under Section 437(3) Cr. P.C. 9. Certified copy as per rules....Anil Verma, J.:— This is the third repeat bail application under Section 439 of the Criminal Procedure Code, 1973 filed on behalf of the applicant for grant of bail. His first application...

...Sunita Yadav, J.:— I.A. No. 13880 of 2023, an application under Section 301 (2) of Cr. P.C. for assisting the Public Prosecutor is taken up, considered and allowed....2. Shri Kamlesh Kumar Kori - Advocate for complainant is permitted to assist the Public Prosecutor during hearing.3. The applicant has filed this...second application u/S. 439 of Cr. P.C. for grant of bail. First application was dismissed as withdrawn with liberty to file afresh after filing of charge-sheet by this Court vide order dated...

...Anil Verma, J.:— Heard on I.A. no. 11511/2023 filed under section 301(2) of Cr. P.C.2. The prosecutrix through her counsel wants to argue the...regular bail under section 439 of the Criminal Procedure Code, 1973 relating to FIR No. 291/2023 registered at P.S. - Bagli, District-Dewas (M.P.) for the offence under section 376 of IPC....15. He shall abide by all the conditions enumerated u/S. 437(3) Cr. P.C.,16. Certified copy, as per Rules....

...it is Public Prosecutor only who has been conferred with the powers under Section 301(2) and Section 24 of the Cr. P.C to prosecute a case on behalf of the state and only in...exceptional cases a private advocate can be permitted to assist a Public Prosecutor subject to the limitation under Section 301(2) of Cr. P.C In the present application...Mahesh Bhagwati, J.:— This order governs the disposal of an application filed under Section 439(2) of Cr. P.C by the petitioner-Nand Lal seeking cancellation of...

...State to cancel the bail granted already to some of the accused in this case.21. Section 301 (2) of Cr. P.C gives the third party a right to assist the...prosecution only. A very limited right seems to have been given to an Advocate instructed by a private person and that too to assist the Public Prosecutor under Section 301 (2) of Cr. P.C...The only correct interpretation of Section 301 (2) of Cr. P.C can be that the lawyer instructed by a private person has no right of audience except to assist the...

...assist assistant public prosecutor i.e. for seeking permission under Section 301(2) of Cr. P. C. and Cri. Application No. 2797 of 2018 is filed by original accused No. 5 for quashing the F. I. R...returnable forthwith. By consent, heard finally. 03. Cri. Application No. 2797 of 2018 is filed for invoking inherent powers of this Court under Section 482 of Cr. P...498A, 306, 323 read with Section 34 of I. P. C. 04. Respondent No. 2 / informant has come with a case that he has 2 daughters Ashwini and Rukhmini @ Anita...

Can't display summary as content is Scanned, Please open the judgment to see full content.

...appearing for the opposite party No. 12.State of West Bengal has contended that the provisions laid down in Section 301(2) of Cr. P.C has not been taken care of before filing.... Asfia. Gone through the provisions laid down in Sections 301(2) and 319 of Cr. P.C It is an admitted fact that petitioner being the de facto complainant in the midst of his examination as prosec.... Therefore, the argument placed by Mr. Ghosh regarding non-compliance of Section 301, Cr. P.C does not arise.10. The citation placed by the learned counsel of the...

...Satyendra Kumar Singh, J.:— Case diary is available.2. Heard on IA No. 16244/2023, which is an application under Section 301(2) of Cr. P.C....6. Heard on merits.7. This is first application filed under Section 438 of Cr. P.C. for grant of anticipatory bail to the applicant, as he is apprehending his...condition enumerated in sub-section (2) of Section 438 of the Code of Criminal Procedure.14. M.Cr.C. Stands disposed of, accordingly.15. Certified copy as ...

...Heard on I. A. No. 10945/13 which is an application under Section 301(2) of Cr. P.C to assist learned Government Advocate.Prayer is allowed...case diary This is first application under Section 439 of Cr.P.C The applicant has been arrested in Crime No. 199/2013 registered at Police Station, Indargadh, District...brother of the applicant about 10-1/2 years ago. The deceased remained in her parental house from 2004 to 2010. After compromise she came back in her matrimonial home. It is further submitted that...