Legal Question in Criminal Law in

sir ,

can a summary trial or calendar case which is triable before a magistrate can be conducted by a private pleader instead of pp r app since the defacto complainant is of the opinion that pp r app will not do justice and they will do favour to accused. what does sec 302 (2) of crpc says.

kly may pls be clarified

tks n rgs

apr


Asked on 1/18/11, 4:15 am

1 Answer from Attorneys
Shrichand Nahar S.V.Nahar, Advocate

Wordings of section 302 Cr.P.C. as also trend of case laws clearly favour conducting trial by original or defacto complainant himself or through his/her lawyer.

However, avoid making any allegations on PP or APP, as that may divert main issue to some other direction.

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Answered on 1/18/11, 9:28 pm


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