Section 301 in The Code of Criminal Procedure, 1973
301. Appearance by Public Prosecutors.
(1) The Public Prosecutor or Assistant Public Prosecutor in charge ... case.
WEST BENGAL.- The following shall be substituted for sub-section (1) of Section 301 : "(1)(a) The Public Prosecutor in charge of a case
read with Section
120-B of Indian Penal Code ( IPC ). The learned Magistrate exercising
the power under Section 156(3) CrPC, directed ... Criminal Procedure Code (1898) contained an
identical provision in Section 270 thereof. A Public
Prosecutor means any person appointed under Section 24
and includes
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
Sections 2 (wa) and proviso to Section 24 (8) of the Code of Criminal Procedure have been inserted in the Code of Criminal Procedure ... engage an Advocate in a criminal case was Section 301 (2) of the Code of Criminal Procedure. According to the aforesaid provision, an Advocate engaged
under Section 120-B and Section 302 IPC is pending in Additional Sessions Judge, Court No.1, Lucknow. Under proviso to Section 24(8) ... difference in the scheme of two sections. From perusal of Sub- section 2 of section 301 Cr.P.C. made it clear that
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
various decisions of this Court on interpretation of Section 301 read
along with Section 311 of Cr.P.C and also on the locus ... Section 302 of Cr.P.C, the same cannot be
permitted to the extent allowed to by the Court of Sessions by
invoking Section 301
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
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
victim" was virtually alien to the Code of Criminal Procedure . However,
the Code of Criminal Procedure (Amendment) Act, 2008, brought
of
about widespread amendments ... under Section
239 of the Code of Criminal Procedure by expressing the view that the
role of the complainant was limited under Section 301
