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Can lawyer be engaged to assist the prosecution to pass fresh orders?
07-Jul-2023 (In Criminal Law)
The impugned order is set aside considering the entire material available on record and the lower court record is remitted back to the court concerned for passing fresh orders on the basis of materials available in record in accordance with law. Revision is accordingly allowed. Can opp. party engage a lawyer to assist the prosecution during passing fresh orders ? If yes, please tell me under which section of criminal procedure code.
provisions of Section 301(1)(2) of the Cr.PC. whereunder, in a inquiry, trial or appeal, any private person may instruct the pleader to prosecute any person in court and in such circumstances, the pleader so instructed shall act under the direction of the Public Prosecutor or Assistant Public Prosecutor who is conducting the prosecution
and further it is settled preposition in case of Bhagwant Singh vs. Commissioner of Police and another [(1985) 2 SCC 537] that an injured person or relative has a locus to appear in the court to oppose the dropping of the proceedings against an accused by the Magistrate on the basis of a police report
hence,yes opp.party who is having locus in the case can appear as by himself or through their appointed lawyer after doing some legal formalities.
and further it is settled preposition in case of Bhagwant Singh vs. Commissioner of Police and another [(1985) 2 SCC 537] that an injured person or relative has a locus to appear in the court to oppose the dropping of the proceedings against an accused by the Magistrate on the basis of a police report
hence,yes opp.party who is having locus in the case can appear as by himself or through their appointed lawyer after doing some legal formalities.
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DEAR SIR
OPPOSITE PARTY CAN ENGAGE A LAWYER TO ASSIST THE PUBLIC PROSECUTOR DURING PASSING THE FRESH ORDER.
KINDLY GO THROUGH THE CHAPTER XVIII SECTION 225 OF THE CR.PC AND THIS SECTION IN EVERY TRIAL BEFORE A COURT OF SESSION, THE PROSECUTION SHALL BE CONDUCTED BY A PUBLIC PROSECUTOR AND WHEN CASE IS REMANDED BACK FOR FRESH HEARING AND HEARING IS ALSO FINAL PART OF TRIAL.
OPPOSITE PARTY CAN ENGAGE A LAWYER TO ASSIST THE PUBLIC PROSECUTOR DURING PASSING THE FRESH ORDER.
KINDLY GO THROUGH THE CHAPTER XVIII SECTION 225 OF THE CR.PC AND THIS SECTION IN EVERY TRIAL BEFORE A COURT OF SESSION, THE PROSECUTION SHALL BE CONDUCTED BY A PUBLIC PROSECUTOR AND WHEN CASE IS REMANDED BACK FOR FRESH HEARING AND HEARING IS ALSO FINAL PART OF TRIAL.
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Adv. Shyam Narsaria
Ranchi | 200+ Answers
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Your query is incomplete. Is it a GR case or complaint case. In case of complaint case, an advocate is permissible. In GR case, an Advocate can only assist the APP and may also assist the Court with leave of the Court. There is no provision which prohibits such engagement.
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Adv. Ashutosh Anand
Ranchi | 200+ Answers
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