• Procedure to file complaint against public prosecutor

Please let me know what is the procedure to file complaint against public prosecutor for not co-operating with complainant in 498A case.
Asked 3 years ago in Criminal Law from Thane, Maharashtra
You can complain against the PP to the Maharashtra Law and Judiciary Department mentioning specific event/s, backed by proper evidences.

thanks.
Feroz A. Shaikh
Advocate, Mumbai
216 Answers
58 Consultations
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Hi,
 you have different options
You can file an application of your grievance  or make a submission before the court itself, you can also complaint to the GP office as APP is directly under him. You also can initiate a legal action under sec. 2(c) of the contempt of court act 1971, after getting analysed the facts and events properly by an expert advocate. Finally you have the option to complain to the Law and judiciary  department , addressing , The Government of Maharashtra, Law & Judiciary Department, Mantralaya, Mumbai-32, Maharashtra.
                The duty of the prosecutor is to assist the Court in reaching a proper conclusion in regard to the case which is brought in for trial. The public prosecutor shall not be partial either to the accused or the prosecution.
                 The APP or GP is accountable and liable under The Conduct of Legal Affairs of Government, 1984.
Thresiamma G. Mathew
Advocate, Mumbai
1316 Answers
85 Consultations
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You need to file your complaint before concern court, as well as file your complaint before state judiciary and law dept. Send your written complaint to the said authority.
Sunil Kumar Singh
Advocate, Kanpur
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nothing left to add
Nadeem Qureshi
Advocate, New Delhi
3534 Answers
130 Consultations
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u can ask for change of PP n the same grounds
Avdhesh Chaudhary
Advocate, Greater Noida
565 Answers
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Most appropriate is to go to Law and judiciary Department of your state-They will take required action.
Anil Gupta
Delhi
Anil Gupta
Advocate, New Delhi
180 Answers
41 Consultations
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The complaint may be addressed to the Ministry of Law and Justice which exercises overall superintendence and control over the functioning of a Public Prosecutor (PP). 

However, bear in mind that law does not enjoin on the Public Prosecutor a duty to 'cooperate' with the complainant. The PP as an autonomous functionary has a duty to present the truth before the court. He is not to accede to the fanciful wishes of the complainant. A complaint may be made against him only if he failed to perform the duty he was obligated to perform. Whether or not there is a dereliction of duty on his part is a matter of fact. Hence, judge your grievance objectively on this touchstone before shooting any complaint against him. A complaint against him founded on an intemperate allegation may expose you to a prosecution for defamation.
Ashish Davessar
Advocate, Jaipur
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448 Consultations
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