Section 492(2) in The Code of Criminal Procedure, 1989 (1933 A. D.)
(2)The District Magistrate, or subject to the control of the District Magistrate, Sub-Divisional Magistrate, may in the absence of the Public Prosecutor or where no Public Prosecutor has been appointed, appoint any other person, not being an officer of police below the rank of Assistant District Superintendent to be Public Prosecutor for the purpose of any case.