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The Code of Criminal Procedure, 1898

( ACT NO. V Of 1898 )

Chapter XXXVIII

OF THE PUBLIC PROSECUTOR

Permission to conduct prosecution
 
 
 
 
495.(1) Any Magistrate inquiring into or trying any case may permit the prosecution to be conducted by any person other than an officer of police below the rank to be prescribed by the Government in this behalf but no person, other than the 1[Attorney-General], Government Solicitor, Public Prosecutor or other officer generally or specially empowered by the Government in this behalf, shall be entitled to do so without such permission.
 
 
 
 
(2) Any such officer shall have the like power of withdrawing the prosecution as is provided by section 494, and the provisions of that section shall apply to any withdrawal by such officer.
 
 
 
 
(3) Any person conducting the prosecution may do so personally or by a pleader.
 
 
 
 
(4) An officer of police shall not be permitted to conduct the prosecution if he has taken any part in the investigation into the offence with respect to which the accused is being prosecuted.
 
 

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    The words "Attorney-General" were substituted, for the words and comma "Advocate-General, standing Counsel" by section 3 and 2nd Schedule of the Bangladesh Laws (Revision and Declaration) Act 1973, (Act No. VIII of 1973)
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