Section 13 in Conduct of the Government Litigation, Rules, 2000
13. Important points respecting the conduct of cases in the Sessions Court.
(1)The Public Prosecutor in the Sessions Court shall deal with the Superintendent of Police concerned in regard to Criminal matters filed in the Sessions Court. The Superintendent of Police concerned or the Investigating Officer or some other responsible officer, fully acquainted with the case, shall be deputed to instruct and assist the Public Prosecutor in the conduct of the Sessions Trial, Criminal Appeal, revision or reference or any other criminal proceeding before the Sessions Court on behalf of the State.(2)In all cases of serious offences, before dropping eye-witnesses, who are cited in the charge-sheet, the Public Prosecutor shall, as far as possible, consult the Investigating Officer concerned or in his absence other Police Officer, who is present for instructing him. Whenever the Public Prosecutor drops the witness cited in the charge-sheet in consultation with the Investigating Officer, he shall obtain the consent of the said officer in writing to that effect.(3)The Public Prosecutor shall, ensure that he remains present in the Court throughout the trial, particularly when the prosecution witnesses are in the box at the time of he cross examination and put proper objection to the questions that are put by the defence.(4)When the decision is adverse to the prosecution:-In case the Public Prosecutor is not so inclined to recommend an appeal against the order of acquittal or an appeal for enhancement of sentence or any revision or other application to be filed in the High Court, he shall forward the certified copy of judgement along with his opinion giving reasons for the same to the Superintendent of Police concerned and the Legal Remembrancer. In such case if the Superintendent of Police or the Government Officer concerned differs from the Public Prosecutor and considers the case fit for moving the High Court he may towards the copy of judgement in that case with his remarks for consideration directly to the Legal Remembrancer, Law Department.
