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Magistrate can grant permission to the complainant to conduct the prosecution independently

Explaining the difference between Sections 301 and 302 CrPC, the Court said that the legislative intention is manifestly clear that prosecution in a Sessions Court cannot be conducted by anyone other than the public prosecutor. It is because the legislature reminds the State that the policy must strictly conform to fairness in the trial of an accused in a Sessions Court, however, as far as Section 302 CrPC is concerned, power is conferred on the Magistrate to grant permission to the complainant to conduct the prosecution independently. It was further clarified that the role of the informant or the private party is limited during the prosecution of a case in a Court of Session and the counsel engaged by him is required to act under the directions of public prosecutor.

Article referred: http://blog.scconline.com/post/2016/09/15/magistrate-can-grant-permission-to-the-complainant-under-section-302-crpc-to-conduct-the-prosecution-independently/

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