• How to file a complain on a public prosecutor who taking undue advantage of her position

I have a family cases running against me in Hyderabad MM court since Mar 2016 i.e. 498A & DVC. My wife has been consulting a public prosecutor for our case from a different MM court. She (P.P) has sent me a letter for counselling and later, She is now asking me to give Rs. 20,00,000 towards between both parties for one time settlement against cases. also, She is influencing the court by taking short dates and not moving the case proceeding. I don't want this one time settlement. My question is:
1. Whom all should I complain(s) against the public prosecutor in Hyderabad, Telangana.
2. what is format of the letter to be used and where can I get one? 
3. What is the penalty for this kind of approach and behavior of public prosecutor from different MM Court who is involving in cases outside her court.
Asked 6 years ago in Constitutional Law

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14 Answers

PP cannot do this and her demand is illegal and bribe.

What your advocate is doing ? Complaint to magistrate in whose court, trail is going on and to district judge and CC to Chief Justice.

Normal format addressing DJ.

She may be removed from post. Lawyer is must, no cost involved in speedy trial.

 

Yogendra Singh Rajawat
Advocate, Jaipur
23079 Answers
31 Consultations

You can make complaint in the Bar council of India of your city and you can be attend PIP... but you should have strong proof against her. What you have narrated above those all are applicant side tricks and that is normal procedure. You can reply to her letter that 20 lacs for one time settlement you will not give. And let court handle the case, whatsoever court decision you are ready to accept that.

 

The close dates are given for hearing... Why don't you lawyer take objection and ask for next hearing dates.

 

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

SC has held It is clear as crystal the public prosecutor or an assistant public prosecutor, as the case may be, has an important role under the statutory scheme and is expected to act as an independent person. He/she has to apply his/her own mind to merits of case and not act merely as post office 

 

2) you can complain against public prosecutor with state law department 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

You need to complaint the concerned judge and govt department, state govt ministry of law through which she is appointed. An inquiry will be conducted after your complaint and necessary action will be taken

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

1. You can complaint before the High court PP office against such practice of PP influcing the court.

2. See no specific format is there you can complaint by writing a letter .

3. See.the committee can be setup and the appropriate authority can take action.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

It is better you engage lawyer for fighting your case 

 

2) legal fees vary depending upon lawyer engaged by you 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

See for speedy trial order you can file a petition before the high court the high court can expedite the issue.

Shubham Jhajharia
Advocate, Ahmedabad
25513 Answers
179 Consultations

1. Public prosecutors are appointed by the Legal Department of the State to appear in courts for the Government in criminal cases.

- You should lodge your complaint to the Secretary, Legal Department of Hydrabad.

- Further , send copies to the Police Commissioner and also to the Registrar of District and Sessions Judge of your appearing Court.

2. Just draft a complaint after narrating all the details , which you think are against the norms and regulation of law.

3. An inquiry will be conducted and strict legal action will be taken.

- For speedy trail , your lawyer should move an application before the same court , and if dismissed, then you should file the same with High court . 

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

You can approach the Anti-Corruption Bureau (ACB) or Vigilance Police or CBI and lodge a complaint against the Public Prosecutor who is demanding bribe from you to favour you. On the basis of your complaint, the ACB will lay a trap to catch the culprit red-handed while demanding and accepting bribe. Taking bribe is an offence under the Prevention of Corruption Act, 1988.You can easily get information about the contact numbers of the ACB officers from their website by searching on Google.

Mohammed Mujeeb
Advocate, Hyderabad
19325 Answers
32 Consultations

1. There is no delay in your 498A case. There must be thousands of 498A matters pending in the court. Court cannot give preferential treatment to any case. 

2. Ideally speaking, in a state case the PP should not have sent the legal notice on behalf of the complainant, but this cannot be termed as taking undue advantage of the position. You may send a complaint to the District Attorney against PP.

Ashish Davessar
Advocate, Jaipur
30840 Answers
981 Consultations

You should approach high court with writ petition to bar the involvement of that particular PP from your cases. 

But if she in insisting on one time settlement then it is best solution in matrimonial disputes.

You can go for negotiations on amount for one time settlement and bring the alimony lower.

Mohit Kapoor
Advocate, Rohtak
10686 Answers
7 Consultations

Dear Sir,

It is better you can lodge your complaint to the Secretary, Legal Department of Hydrabad.

The only aim of a Public Prosecutor should be to aid the court in discovering truth. ... The duty of the Public Prosecutor is to represent the State and not the police. A Public Prosecutor is an important officer of the State Government and is appointed by the State under the Code of Criminal Procedure, 1973.

Netravathi Kalaskar
Advocate, Bengaluru
4951 Answers
27 Consultations

Hi 

If you wish to complain against a public prosecutor, you can file a complaint to either

1) Directorate of Public Prosecutions

Telangana High COurt, 

 

or 

Secretary to Government,
Legal Affairs, Legislative Affairs & Justice,
Room Nos.301 & 302, III Floor, “A” Block,
Law Department,
Telangana Secretariat, HYDERABAD – 500 021.

Or 

To

 Director General, Anti-Corruption Bureau, Telangana,
Headquaters Office, Road No.12,
Banjara Hills, MLA Colony, Hyderabad - 500 034.

 

Complaint can be in standard format with your name , address  and also the details of the person against whom you are making complaint. 

 

A public prosecutor will be suspended from service, if they are engaged in private matters initially and after enquiry, they will be removed from the post itself if the complaint is proven.

Rajgopalan Sripathi
Advocate, Hyderabad
2173 Answers
394 Consultations

Dear Sir,

My reply is as follows to your queries

1. Whom all should I complain(s) against the public prosecutor in Hyderabad, Telangana.
A: You may lodge complaint in writing in person and appraise the director of prosecutions if possible and
close your affidavit and letter sent by P.P and P.P will be kept under suspension during investigation .

2. what is format of the letter to be used and where can I get one?
A: Complaints have no formats , just write in your own words highlighting subject and matter

3. What is the penalty for this kind of approach and behavior of public prosecutor from different MM Court
who is involving in cases outside her court.
A: It is a service indiscipline and it is the duty of concerned department head to initiate departmental inquiry against
such P.P

Kishan Dutt Kalaskar
Advocate, Bangalore
6230 Answers
499 Consultations

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