SHIV KUMAR versus HUKAM CHAND AND ANR.

SHIV KUMAR versus HUKAM CHAND AND ANR.

Unlike in Magistrate's courts, the Code of Criminal Procedure mandates that only the Public Prosecutor can conduct prosecution in Sessions Courts, and private pleaders cannot conduct prosecution even with the consent of the Public Prosecutor, except as permitted to submit written arguments after evidence is closed.

Parties
Appellant: Shiv Kumar; Respondent No. 1: Hukam Chand; Son of Respondent No. 1 (accused): Dr. Dinesh Kumar Gupta
Jurisdiction
India
Judgment Date
30 August 1999
Procedural Posture
Criminal Appeal / Appeal From High Court Decision
Outcome
Appeal dismissed
Legal Topics
Prosecution by Private Pleader, Role of Public Prosecutor, Session Trials, Code of Criminal Procedure Sections 225, 301, 302
Criminal Law Prosecution by Private Pleader Role of Public Prosecutor Session Trials Code of Criminal Procedure Sections 225, 301, 302

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Shiv Kumar

Appellant

Hukam Chand

Respondent No. 1

Dr. Dinesh Kumar Gupta

Son of Respondent No. 1 (accused)

Procedural Posture

Criminal Appeal / Appeal From High Court Decision

Legal Issues

  1. 1 Whether private pleaders can conduct prosecution in a Sessions Court even with the consent of the Public Prosecutor

Ratio Decidendi

Unlike in Magistrate's courts, the Code of Criminal Procedure mandates that only the Public Prosecutor can conduct prosecution in Sessions Courts, and private pleaders cannot conduct prosecution even with the consent of the Public Prosecutor, except as permitted to submit written arguments after evidence is closed.

Court Disposition

Appeal dismissed

Orders

  • High Court's decision affirmed; Public Prosecutor must conduct prosecution in Sessions Court; privately engaged counsel may act only under directions of Public Prosecutor and submit written arguments after evidence with court's permission.