Legal procedure for a public prosecutor fight a property case


Can a public prosecutor fight for my property case ?


Answers (1)

The public prosecutor is an important officer of the state government and is appointed by the state government under the provisions of criminal procedure code

The function of the public prosecutor relates to a public purpose entrusting him with the responsibility of acting only in the interest of administration of justice. In the case of public prosecutors this additional public element flowing from statutory provisions in Cr.P.C., undoubtedly, invest the PP with the attributes of holder of a public office which cannot be whittled down by the ascension that their engagement is purely professional between a client and his lawyer with no public element attaching it

The appointment of prosecutor is a compelling constitutional/administrative necessity, the court cannot refuse to appoint prosecutor merely on the ground of financial constraint and also stop or stay criminal trial.

The purpose of a criminal trial is not to support, at all costs a theory, but to investigate the offence and to determine the guilt or innocence of the accused, and the duty of a public prosecutor is to represent not the police, but the state and his duty should be discharged by him fairly and fearlessly, and with a full sense of the responsibility that attached to his position.


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