Law: Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006

Section: 10

(a) Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act (III of 2006)--- ----S. 10---Powers of Prosecutor---Stay of proceedings---Non-availability of witness---Failure to obtain authorization from the Prosecutor General---Effect assailed the order of Trial Court whereby it, while acceding to the request of Deputy Prosecutor General had adjourned the case sine die in the light of S. 10(3)(f) of Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act, 2006---Validity---Prosecutor General or any Prosecutor especially authorized in that behalf by the Prosecutor General had to inform the court and he had to submit before the court the reasoning and decision of the Cabinet/Government---Neither any decision was made by the Government i.e. approval by the Cabinet nor any Prosecutor was specifically authorized in that behalf by the Prosecutor General---Deputy Prosecutor General had not even submitted before the Court that he was making the request under the instructions of the Prosecutor General---Mere fact that earlier case against the accused had already been postponed due to non-availability of a witness did not constitute a valid reason for postponement---Statement of the Deputy Prosecutor General had no sanctity in the eyes of law---Impugned order was set aside being illegal and void---Trial Court was directed to start the proceedings from that juncture when the case was adjourned sine die---Criminal revision was allowed, in circumstances. (b) Punjab Criminal Prosecution Service (Constitution, Functions and Powers) Act (III of 2006)--- ----S.10---Powers of Prosecutor---Stay of proceedings---Pre-requisites---Expression 'Government', meaning---Scope---Approval of the Government in order to obtain a stay under S. 10(3)(f) of the Act is necessary and that should be based on specific reasons---Such reasons should be in writing---Case is to be forwarded either by the Prosecutor General by advancing reasons to the cabinet or the cabinet itself is to take the decision but such decision must be based on some cogent reasons---Government, as mentioned in the S. 10 of the Act does not mean the Prosecutor, Prosecutor General or…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492