Therefore there is basic difference in between proviso to
Section 24(8) and Section 301 Cr.P.C. It is true that section
301 ... Section 8 of
Section 24 of the Cr.P.C. cannot be diluted by saying that no
amendment has been incorporated in Section 301
been appointed in pursuance of
Section 24(1) CrPC. Section 301(1) CrPC cannot be
stretched to that extent. In that ... proceedings. The order passed under sub-section (8) of Section 24
r/w Sections 301 and 302 of the Cr.P.C., will not clothe
Criminal Procedure Code (1898) contained
an identical provision in Section 270 thereof. A Public
Prosecutor means "any person appointed under Section 24, and
includes ... Section 301. In view of the provision made in the
succeeding section as for Magistrate Courts the insistence
contained in Section 301(2) must
also upon
considering the provisions of Sec.40 of POCSO Act, 2012 and
Sec.301 of Cr.P.C., I am of the opinion that ... behalf who can act only in accordance
with proviso to Sec.301 Cr.P.C. and it should not be forgotten
that, a person
JAGADEESHA, ADDL.SPP FOR R1)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY
THE ADVOCATE ... following reasons:
"ORDER ON APPLICATION
FILED U/SEC.301(2) OF CR.P.C
The defacto complainant has filed this application
U/sec. 301
petitioner's contention is that under Section 301 of the Criminal Procedure Code the State and its agencies such as a public prosecutor ... Obviously Section 301 of the Criminal Procedure Code cannot govern the proceedings under Section 482 of the Code. Section 301 of the Criminal Procedure Code
section (2) of Section 301 and Section 302 , held
as under:
"9. The scheme envisaged in the Code of
Criminal Procedure indicates that ... cautioned the learned Trial Magistrate
that an application filed under Section 301 of Cr.PC.,
cannot be allowed just for asking and the Magistrate
which the application filed by the petitioner
under Section 301 of the Cr.P.C. comes to be rejected.
2. Heard Sri V.M.Sheelvant ... wife
of the deceased. She files an application under Section 301 of the
Cr.P.C. requesting the Court to permit her to assist
Indian Penal Code (for short ' IPC ') r/w
Section 7 & Section 13(1) (d) r/w Section ... conducted only by the public prosecutor.
Having filed an application under Section 301 Cr.P.C, any
-8-
advocate instructed by a complainant/private person
thou gh, under
the pr oviso of Section 24(8) of Cr.P.C. or under
Section 301 of Cr.P.C., limited scope ... light of
legal provisi ons under Section 301 and proviso to
Section 24(8) of Cr.P.C. to the case on hand since
