Judge has powers to grant permission to conduct prosecution independently u/s. 302 CrPC; but U/s. 301 CrPC, counsel engaged by informant or private party is required to act under directions of Public Prosecutor before Sessions Court/Supreme Court
Case: Dhariwal Industries Ltd Vs. Kishore Wadhwani.
Citation:
(2016) 10 SCC 378.
Ss. 301 and 302 CrPC – Distinction between explained, S. 301 CrPC applying to Sessions trials and S. 302 CrPC to Magisterial trials – Role of informant or private party is limited during prosecution of a case in Sessions Court – Under S. 301 CrPC, counsel engaged by informant or private party is required to act under the directions of Public Prosecutor – Regarding S. 302 CrPC, power is conferred on Magistrate to grant permission to complainant to conduct the prosecution independently – Proper mode of seeking permission under Section 302 CrPC, held, is only by written application. (Paras 7 to 20).
(1)Dhariwal_Industries_Ltd_vs_Kishore_Wadhwani_on_6_September_2016 (1)