Case Law on Section 265-A, Cr.P.C-Authorised person to conduct trial on behalf of prosecution before Court,

2018 MLD 489 

LAHORE-HIGH-COURT-LAHORE

Ss. 265-A, 493 & 540---Authorised person to conduct trial on behalf of prosecution before Court---Scope---Complainant was a necessary party in cases involving murder and hurt to body, which fact did not make him incharge of the prosecution---Section 265-A, Cr.P.C. carried a specific stipulation that in every sessions trial initiated upon a police report, the prosecution was to be conducted by the Public prosecutor ---Section 493, Cr.P.C. laid down that the Public prosecutor would plead in all cases under his charge before any court and the pleaders privately instructed were to act under his direction---Public prosecutor had the authority to give up any witness in the case, though he was to consult the complainant/petitioner and his counsel in that regard---Statement recorded by the counsel for the complainant to give up a witnesses in the case which was contrary to the statute, had no legal effect and was not binding on the prosecution---Record transpired that application under S. 540, Cr.P.C. was filed by complainant and not by the prosecutor ; such application was not maintainable in view of Ss. 265-A & 493, Cr.P.C.