Public Prosecutor

Normally, the role of the Public Prosecutor commences on the completion of investigation by Investigation Agency and presenting the case to District Public Prosecutor and putting the challan in the court

Foremost objective of the Public Prosecutor is to ensure a fair trial of the accused by assisting Trial Courts in the disposal of cases with an aim to deliver a prompt, efficient and speedy service to the litigants for achieving the ends of justice, ensuring judiciousness and speedy legal remedies

Apart from conducting cases before the Trial Court the Public Prosecutors are also vested with the powers to evaluate the evidence in each case and make their recommendations for filing revision petitions or appeals against impugned orders and judgments in the High Court.

S. 493-Public Prosecutor-Duties and responsibilities of-Public Prosecutor though responsible for conducting prosecution of case entrusted to him and empowered to choose which witnesses to produce at trial and which to be given up as unnecessary or having been won over, yet in making such selection he must act with great care and responsibility-Court cannot be expected to sit as silent spectator even when it notices non-production of certain witnesses to be likely to result in miscarriage of justice

Proper course when Court smells foul play : to ascertain facts himself directly from witnesses Enough material existing on record to conclude giving up of all remaining prosecution witnesses by Public Prosecutor being reckless and perhaps at instigation of, if not in collusion with, persons interested in stifling prosecution case, and affidavits filed by remaining witnesses showing such witnesses having not been won over and willing to support prosecution version, High Court, held, perfectly justified in set

Special Public Prosecutor not appointed as Government Pleader by Provincial Government, held, cannot act as recognized agent of Provincial Government.

S.493-Public Prosecutor-Expression "shall act"-Interpretation-Conduct of prosecution-Responsibility of Public Prosecutor-Private Pleader, instructed by complainant of course to act under directions of Public Prosecutor.

Conceding wrongly that telephonic message about murder was F. I. R.-Concession does not bind State : [Public Prosecutor v. Chitikina Subbanna and others A 1 R 1947 Mad. 239 ref.]

Art. 181-Public Prosecutor Termination of service of Art. 181 inapplicable-Engagement under a special term.

Public Prosecutor Withholding evidence likely to affect result of case-Strongly disapproved-Public Prosecutor's duty -Not to secure convictions at any cost.