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M. NAGAPRASANNA
Yadhu Kumar R. , S/o. Sri Ramanna – Appellant
Versus
State Of Karnataka, By The Station House Officer – Respondent
What is the power of a Magistrate to permit a private person to conduct prosecution under Section 302 CrPC in Magistrate's Court? What is the distinction between Sections 301 and 302 CrPC as interpreted in the judgment? What are the conditions under which a private informant/victim may prosecute independently via an advocate under Section 302 CrPC?
ORDER :
(M. Nagaprasanna, J.) :
The petitioners are before this Court calling in question an order dated 05-06-2024 passed by the Principal Civil Judge and JMFC at Ramanagara in C.C.No.44 of 2014 arising out of crime in Crime No.294 of 2013.
2. Heard Sri C.V. Srinivasa, learned counsel appearing for the petitioners, Sri B.N. Jagadeesh, learned Additional State Public Prosecutor for respondent No.1 and Sri A.V. Ramakrishna, learned counsel appearing for respondent No.2.
3. Facts, in brief, germane are as follows:-
The petitioners are accused 1 to 6 and the 2nd respondent is the complainant. The offences alleged are the ones punishable under Sections 498A, 504, 323, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. A marital discard leads the complainant to register a crime in Crime No.294 of 2013. The police after investigation file a charge sheet and the matter is being tried by the concerned Court in C.C.No.44 of 2014. The issue in the lis does not concern merit of the matter before the concerned Court, but it concerns a particular order passed during the trial. It is the case of the petitioners that they have been duly appearing before the concerned Court and are
A private individual can conduct prosecution in a Magistrate's Court under Section 302 of the CrPC, provided the court grants permission, distinguishing this from the role in Sessions Courts.
it very clear that it is extremely undesirable and quite improper that a Public Prosecutor should be allowed to sit back, handing over the conduct of the case to a counsel, however eminent he may be,....
The independence of public prosecutors is crucial for ensuring justice, as any conflict of interest or bias can vitiate the trial process.
The main legal point established in the judgment is that the original complainant did not have the locus standi to file an application for conducting the trial of the juvenile applicant as an adult, ....
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