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
only want his role to be limited as under
Section 301 Cr.P.C. An application for discharge can result
into putting ... role will
have to be limited as under Section 301 Cr.P.C. for the
same reasons, as given in Anthony D'Souza
Section 24(8) Cr.P.C.:
28.The Provision under Section 24(8) and Section 301 of the Code of
Criminal Procedure are rather complimentary ... application under Sec.438 , Cr.P.C. The power
vested in the Court under Sec.438 , Cr.P.C. can be exercised by hearing
under Section 301 Cr.P.C.
On the careful scrutiny of the criminal procedure, we find that Legislature has not framed any section by which ... 301 Cr.P.C. , the letter and spirit inducted in proviso added to sub-Section 8 of Section 24 of the Cr.P.C. cannot
amendment of Section 24(8) Cr.P.C by adding a proviso the legal position cannot be changed because Section 301Cr.P.C already contains ... 301 Cr.P.C. , the letter and spirit inducted in proviso added to sub-Section 8 of Section 24 of the Cr.P.C. cannot
Cr.P.C. and not under Section 302 of the Cr.P.C. are absolutely baseless, untenable and illegal. Section 301 of the Cr.P ... Cr.P.C. Section 362 of the Cr.P.C. lays down that save as otherwise provided in the Cr.P.C . or any other
.
11. Both, Sections 301 and 302 Cr.P.C. cover two different situations.
Section 301 envisages a situation where the Public Prosecutor ... Criminal Procedure Code (1898) contained an
identical provision in Section 270 thereof. A Public Prosecutor
means "any person appointed under Section 24 , and
includes
301 Cr.P.C. ,
the letter and spirit inducted in proviso added to sub- Section 8
of Section 24 of the Cr.P.C. cannot ... right to written argument has been
given in Section 301 Cr.P.C.
12. In Section 301 Cr.P.C there seems no previous permission
said perspective in mind, we refer to Sections 301 and 311
of Cr.P.C.
“301. Appearance by public prosecutors.-(1) The Public Prosecutor ... 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 ... includes is or her guardian or legal heir."
8. Section 225 Cr.P.C. provides that every trial before the court of sessions shall
