Code of
Criminal Procedure are rather complimentary to each other rather than
conflicting. Proviso to Section 24(8) of the Criminal Procedure Code ... Section 301 of the Code of Criminal Procedure. Both
proviso under Section 24(8) and Section 301 Cr.P.C. will have to read together
restricted or limited exception available in the
Code of Criminal Procedure is Section 301(2) Cr.P.C. Even if the Court grants
permission ... rejected the permission
sought for under Section 302 Cr.P.C., granted permission under Section 301(2)
Cr.P.C.
13. No doubt, as rightly
provision in the Criminal Procedure Code to implead a third party in a prosecution case. Section 301 , Cr.P.C. provides for instructing a pleader ... Criminal Procedure Code , which enables a third party to get himself impleaded in the proceedings before the Criminal Court. We have only Section 301
offence under section 304-B IPC, which is
triable by Court of Session in which even section 225 Cr.P.C. becomes
applicable, whereby conduct ... investigation shall be governed neither by section 225 nor 302
Cr.P.C., but under section 301 Cr.P.C.
9. It is, therefore
Cr.P.C.,
and the person permitted to conduct the prosecution under Section 302
Cr.P.C., Any party invoking Section 302 ... criminal revision case is allowed and the
permission sought for to appoint the counsels to assist the prosecution is
granted under Section 301(2)
submitted that a private person can intervene in a criminal case only under Section 301 , Cr.P.C. That provision is applicable only during ... wherein this Court has held that :
" Section 301(2) of the Criminal Procedure Code gives the third party a right to assist the prosecution
foisted cases;
(ii) On the basis of Section 301 clause (2) of ‘ Code of
Criminal Procedure ’ [‘ Cr.P.C .’ for the sake of brevity ... person who wants to come on
board qua criminal proceedings vide clause (2) of Section 301 of Cr.PC
should be in the realm
above
Crl.M.P.No.9152 of 2021 under Section 216 of the Code of Criminal
Procedure to frame additional charges under Sections ... Criminal Procedure, it would be clear
that Section 302 of the Code of Criminal Procedure would be applicable for
the Magistrate Court and Section 301
assist the prosecution under this
sub-section.
Section 301(2) in The Code Of Criminal Procedure, 1973
(2) If in any such case, any private ... prosecution shall be
conducted by a Public Prosecutor.
Section 301 in The Code Of Criminal Procedure, 1973
301. Appearance by Public Prosecutors.
(1) The Public
case for an offence under section 304B IPC, which is triable by Court of Session in which even section 225 Cr.P.C. becomes applicable ... investigation shall be governed neither by section 225 nor 302 Cr.P.C., but under section 301 Cr.P.C.
9. It is, therefore
