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[Cites 0, Cited by 0] [Section 8] [Entire Act]

State of Sikkim - Subsection

Section 8(3) in Conduct of the Government Litigation, Rules, 2000

(3)Duties of Public Prosecutor in the Sessions Court-
(i)To appeal and conduct the prosecution in every trial before the Sessions Court; and for that purpose, he shall at the earliest opportunity examine the records of the proceedings before the committing Magistrate and ensure that any defect, such as the omission to summon a necessary witness is, if possible, remedied before the date fixed for hearing in the Session Court;
(ii)To appear and contest for the prosecution before the Session Court or any appeal against a conviction or application for revision of sentence or an order (not being one of discharge or acquittal) against which no appeal lies or against any other order when notice of such appeal is served upon him or when he is directed by the Sessions Judge so to appear.
(iii)To conduct the prosecution in any trial before the Chief Judicial Magistrate or Judicial Magistrate, as the case may be, when so required by the Legal Remembrancer, Law;
(iv)Not to withdraw any serious cases from prosecution under section 321 of the Code of Criminal Procedure without consulting the Government through the Law Department;
(v)To perform such other duties as may be assigned to him by the Government in the Law Department;
(vi)Where the accused person is a Government servant, to intimate the head of the department to whom the Government servant is subordinate about the final order passed by the concerned Court immediately after the said order is passed.