Memo.No.1936/Cts.C/79-4,
Law (Courts.C) Dept., dt.01.05.1980:
Legal opinion to
be given promptly by Public Prosecutors / Addl. Public Prosecutors.
*****
It
has been brought to the notice of Government that in a case where a false
complaint was made against a public servant and the complainant could have been
prosecuted for doing so, the Public Prosecutor concerned did not give his
opinion in time for launching the prosecution. Due to the delay on the part of
the Public Prosecutor, no action could be taken against the complainant as the
case was barred by limitation, with the result that the offender went scot-free.
2. Public Servants
who perform their duties conscientious require to be protected from false
allegation from interested parties. It is, therefore, necessary that such cases
are not allowed to be lost by default.
3. All the Public
Prosecutors/Additional Public Prosecutors in the State are requested to pay
special attention to such cases and communicate their opinion promptly.
