MANSABDAR vs THE STATE — 1969 PCRLJ 1058

Citation: 1969 PCRLJ 1058

Court: Lahore High Court

Year: 1971

Decision Date: 1971-04-14

Parties: MANSABDAR vs THE STATE

Headnotes

Case cited as 1969 PCRLJ 1058

Judgment Text

Court Name: Lahore High Court Judge(s): Muhammad Afzal Cheema Title: MANSABDAR vs THE STATE Case No.: Criminal Miscellaneous No. 196/T of 1971 Date of Judgment:1971-04-14 Reported As: PLD 1972 Lahore 182 Result: Petition dismissed Judgment ORDER Having perused the report submitted by the learned trial Magistrate which appears to be quite fair and frank I find that the only point to be considered in deciding this transfer application is as to whether the learned trial Magistrate was justified in allowing a private counsel to conduct the case on behalf of the P. S. I. With the latter's permission and 9n his presence. The relevant statutory provision is contained in, section 493, Cr. P. C. Which reads as follows:- "The Public Prosecutor may appear and plead without any written authority before any Court in which any case of which he has charge is under inquiry, trial or appeal, and if any private person instructs a pleader to prosecute in any Court any person in any such case, the Public Prosecutor shall conduct the prosecution, and the pleader so instructed shall act therein, under his direction." From the plain reading of the above provision it is clear that the conduct of the prosecution is the responsibility of the public Prosecutor and of course a private Pleader instructed' by the complainant has to act under his directions. The expression "shall act under his directions has been interpreted in Vaz v. Emperor (1930 M N W 769) as also in Medichetty Ramakistiah and others…

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