Hon’ble Apex Court held that
In CrPC 301,
The role of the informant or the private party is limited during the prosecution of a case in a Court of Session. The counsel engaged by him is required to act under the directions of public prosecutor.
And, in CrPC 302,
As far as Section 302 CrPC is concerned, power is conferred on the Magistrate to grant permission to the complainant to conduct the prosecution independently.
Dhariwal Industries Ltd Vs Kishore Wadhwani on 06 September , 2016
when a complainant wants to take the benefit as provided under Section 302 CrPC, he has to file a written application making out a case in terms of J.K. International (supra) so that the Magistrate can exercise the jurisdiction as vested in him and form the requisite opinion.
Shades of Knife
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