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State of Rajasthan - Section

Section 51 in The Rajasthan Law And Judicial Department Manual, 1952

51. Powers of police prosecuting staff.

(1)Under [Section 492 of the Code of Criminal Procedure, 1898 (V of 1898)] [Section 492 Criminal Procedure Code, 1898 corresponds to Section 24 Criminal Procedure Code, 1974.] all prosecuting inspectors and sub-inspectors of police are appointed to be Public Prosecutors in the districts to which they are posted, for cases tried or enquired into by Magistrates after investigation by the police and for appeals heard by magistrates arising from such cases.
(2)Engagement of Public Prosecutors in Magistrate’s court. - The prosecuting staff maintained by the Police Department should suffice for the great majority of criminal trials in Magistrate’s Courts. In cases of special difficulty of importance, however, the District Magistrate may, subject to the provisions of rule 19 instruct the Public Prosecutor or additional Public Prosecutor or Assistant Public Prosecutor to appear. The power should be sparingly used only when the District Magistrate considers that the police prosecuting staff is inadequate.