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Bengal Presidency - Section

Section 462 in Police Regulations, Bengal , 1943

462. Appeals to High Court and to Sessions.

(a)When an appeal is preferred to the High Court against the orders of a Sessions Judge in a serious case the Superintendent shall, on receipt of notice of the appeal from the District Magistrate, inform him of any particularly important facts connected with the case that should be brought to the notice of the Legal Remembrancer and whether the latter should be asked to enter appearance for the Crown even though the appellant is unrepresented. He shall also consider, in consultation with the Magistrate, the propriety of deputing the investigating officer or the Public Prosecutor personally to instruct the counsel representing the Crown in the High Court.
(b)Unless otherwise instructed by the Magistrate, the Public Prosecutor shall appear in all appeals before the Sessions Judge in which the appellant is represented by a pleader or counsel. The Superintendent shall bring to the notice of the Magistrate any other cases in which he considers it desirable that the Crown should be represented. Such cases include those in which police officers have been convicted of malpractices either cognizable or non-cognizable. He shall also report for the orders of the Magistrate any case in which the Public Prosecutor fails to appear though required to do so by rule or specific instructions, and when he considers that the conviction has not been supported properly. A complete brief, i.e., copies of judgment, depositions, note-sheets, etc., shall be prepared by the Magistrate when the Public Prosecutor or the Court officer is required to represent the Crown in appeals or references under section 123(2) of the Code of Criminal Procedure.