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
also placed reliance on
sections 36(2) and 40 of the POCSO Act, 2012 along with section 301
of the Cr.P.C. Referring ... POOCSO Act. However, such
right is subject to the proviso to Section 301 of Cr.P.C which means
that the counsel appointed
dismissed Petition no. 173/2025.
12. As per sub-section [1] of Section 32 of the POCSO Act, it is a Special
Public Prosecutor ... provisions of Section 32 of
the POCSO Act and Section 338 of the BNSS, 2023 [earlier, Section 301 , CrPC],
it is evident that
Court was dealing with the ambit and sweep of Section 301
CrPC and in that context observed that Section 302 CrPC ... have brief visit to Sections 301(2) and 302 of
Page No.# 5/6
the Code of Criminal Procedure . They read as under:
"301
relieved, the counsel for the victim was permitted to assist under
Section 301(2) Cr.P.C., creating an apprehension of bias and
prejudice ... relieved, the counsel for the victim was permitted
to assist under Section 301(2) Cr.P.C. in a manner creating a
reasonable apprehension that
Roorkee and gave her statement
under Section 204 Cr.P.C. After recording
her statement under Section 200 Cr.P.C.,
wife of the applicant ... upon Section 2(wa) of
Cr.P.C., which provides the definition of the
term 'victim'. Under Section 2(wa) of
2018,
THEREBY REJECTING THE APPLICATION DATED 13.10.2022
FILED UNDER SECTION 301(2) OF CR.P.C., BY THE PETITIONER/
COMPLAINANT.
THIS PETITION COMING ... Public Prosecutor
in conducting the case. Sub-section (2) of Section 301 of
Cr.P.C. reads as under:
"(2) If in any such
CRL.P No. 5650 of 2026
HC-KAR
354D, 376, 376(2)(n), 376(3), 450, 366, 506 and 420 of the
IPC and Sections ... victim
independently and not by the Public Prosecutor. As per
Section 301(2) Cr.P.C. and proviso to Section 24(8)
observed that the petitioners, instead
of first seeking permission under Section 301(2) of the Cr.P.C. to
assist the prosecution under the directions ... accordance with law, including by filing a proper application under
Section 301(2) of the Cr.P.C. before the trial Court, if so advised
Section 302 of the Cr.P.C., the private counsel for the informant
has no locus standi to conduct the prosecution. As per Section 301 ... role assigned to a victim's counsel under
Sections 301 and 302 of the Cr.P.C. and if allowed, would amount to
usurping
