BALARAM Vs. STATE OF M P

JUDGEMENT

(1.) SESSIONS Trial no. 198/2009 ( State of M. P. Vs. Hiralal) and SESSIONS Trial no. 653/2008 (State of M.P. Vs. Gopal and others) are pending in the Court of 9th ASJ, Ujjain. The same public prosecutor / additional public prosecutor is appearing in these cases, which is against the criminal jurisprudence. The same Govt Lawyer is appearing in both the cases and examining all the witnesses which is illegal, as one defence lawyer cannot proceed in both the cases at the stage of final arguments because one party is aggressor even then the public prosecutor has to support both the cases, hence it has been prayed that suitable directions be issued in the interest of justice.

(2.) HEARD the learned Panel Lawyer on the issue,.

(3.) HENCE according to the principles of law and ethics, the same public prosecutor cannot appear in both the cases from the side of the prosecution which are the cross cases of each other, because he has to support the case of the one client only. HENCE, the District Magistrate is directed to appoint separate public prosecutor in both the sessions trial.