• Procedure to file complaint against public prosecutor

Please let me know what is the procedure to file complaint against public prosecutor for not co-operating with complainant in 498A case.
Asked 11 years ago in Criminal Law

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7 Answers

You can complain against the PP to the Maharashtra Law and Judiciary Department mentioning specific event/s, backed by proper evidences.

thanks.

Feroz Shaikh
Advocate, Navi Mumbai
407 Answers
58 Consultations

Hi,

you have different options

You can file an application of your grievance or make a submission before the court itself, you can also complaint to the GP office as APP is directly under him. You also can initiate a legal action under sec. 2(c) of the contempt of court act 1971, after getting analysed the facts and events properly by an expert advocate. Finally you have the option to complain to the Law and judiciary department , addressing , The Government of Maharashtra, Law & Judiciary Department, Mantralaya, Mumbai-32, Maharashtra.

The duty of the prosecutor is to assist the Court in reaching a proper conclusion in regard to the case which is brought in for trial. The public prosecutor shall not be partial either to the accused or the prosecution.

The APP or GP is accountable and liable under The Conduct of Legal Affairs of Government, 1984.

Thresiamma G. Mathew
Advocate, Mumbai
1645 Answers
212 Consultations

You need to file your complaint before concern court, as well as file your complaint before state judiciary and law dept. Send your written complaint to the said authority.

Sunil Kumar Singh
Advocate, Kanpur
15 Answers
6 Consultations

nothing left to add

Nadeem Qureshi
Advocate, New Delhi
6319 Answers
302 Consultations

u can ask for change of PP n the same grounds

Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
20 Consultations

Most appropriate is to go to Law and judiciary Department of your state-They will take required action.

Anil Gupta

Delhi

Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations

The complaint may be addressed to the Ministry of Law and Justice which exercises overall superintendence and control over the functioning of a Public Prosecutor (PP).

However, bear in mind that law does not enjoin on the Public Prosecutor a duty to 'cooperate' with the complainant. The PP as an autonomous functionary has a duty to present the truth before the court. He is not to accede to the fanciful wishes of the complainant. A complaint may be made against him only if he failed to perform the duty he was obligated to perform. Whether or not there is a dereliction of duty on his part is a matter of fact. Hence, judge your grievance objectively on this touchstone before shooting any complaint against him. A complaint against him founded on an intemperate allegation may expose you to a prosecution for defamation.

Ashish Davessar
Advocate, Jaipur
30780 Answers
973 Consultations

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