Can a Complainant or Victim fight his own cyber crime case or appoint his own Lawyer?
Can a Complainant or Victim fight his own cyber crime case in Magistrates Court or appoint his own lawyer? Note: Normally when one files a police FIR, the case is represented free of cost by the STATE in the courts i.e By Public Prosecutor. Yes !!! He can by himself or through his Expert Legal Counsel or a Lawyer. But he has to file a written application making out a case, so that the magistrate can exercise the jurisdiction as vested in him and form the requisite opinion. A plain reading of Section 301 reveals that though oral submissions before the court cannot be independent of the Prosecutor, a pleader instructed by a private person can definitely file written submissions before the court independent of the Public Prosecutor, if the court so permits. That apart, Sections 301 and 302 cover two different situations. Section 301 envisages a situation where the Public Prosecutor is in charge of a case and a private person instructs his pleader to intervene. In such ca...