under Sections 374 / 378 of the CrPC or revision petition under Section 397 / 401 or criminal
petition under Section 482 of the CrPC ... Code of Criminal Procedure for
better appreciation of the issue -
Section 4 :- Trial of offences under the Indian Penal Code and
other laws
Investigating Officer
under Section 173 of Cr.P.C. submits a final report.
Under Section 173(5) of the Cr.P.C. the Investigating
Officer ... trial. Public Prosecutors are
appointed under Section 24 of the Cr.P.C. and Section
225 of Cr.P.C. specifically provides that in every
section (2) of Section 301 and Section 302 , held
as under:
"9. The scheme envisaged in the Code of
Criminal Procedure indicates that ... conducted
only by the Public Prosecutor as is envisaged in Section
45
225 Cr.P.C, the Revision Petition at the instance of the
victim
prosecution establishes the
foundational facts.
50. Section 31 of the POCSO provides that the Code of Criminal Procedure , 1973,
[ Cr.P.C ] shall apply ... Court shall be deemed to be a Public Prosecutor. As
per section 225 of Cr.P.C trial is to be conducted by Public Prosecutor
against the 1st respondent for offences
punishable under Sections 279 , 337 and 338 of the
IPC.
15. Surprisingly, the 1st respondent pleaded
guilty ... witnesses to the incident, the learned
Magistrate acquitted the petitioner under Section
225(1) Cr.P.C. Therefore, on the passing
June 2018, as a result of which the arguments
3 “ CrPC ”
3
could not be finally concluded. Even after 26 October ... February 2019, the prosecution filed Criminal MP Nos 224 and
225 of 2019 under Section 311 of CrPC for recalling
such persons
together.
34. Section 239(d) of the old Code which corresponds to Section 223(d) of the
CrPC 1973 was interpreted ... Section 225(1) of the old Code, which is Section 219(1) of CrPC 1973. In that case,
two respondents along with
225, dated
24.08.2005 (Annexure P-1) under Sections 323 , 324 ,
452 , 506 , 148 and 149 IPC(subsequently added Section
308 and 336 IPC), registered ... 225, dated 24.08.2005
(Annexure P-1) under Sections 323 , 324 , 452 , 506 , 148
and 149 IPC(subsequently added Section 308 and 336
IPC), registered
225, dated
24.08.2005 (Annexure P-1) under Sections 323 , 324 ,
452 , 506 , 148 and 149 IPC(subsequently added Section
308 and 336 IPC), registered ... 225, dated 24.08.2005
(Annexure P-1) under Sections 323 , 324 , 452 , 506 , 148
and 149 IPC(subsequently added Section 308 and 336
IPC), registered
tried."
12. On plain reading of section 226 and section 227 of
Cr.P.C., makes it clear that Sessions Court has to begin ... order of framing of charge.
Chapter XVIII consists of section 225 to 237 of the Cr.P.C.,
providing relevant provisions regarding trial before
