What if the complainant has reasons to believe that the state sponsored APP is not fighting the case as it should be and is letting it drift away in the favour of the accussed?

Dear Client, 

A complainant cannot have the CJM remove an APP, since APP appointment and removal rests with the District Magistrate, Sessions Judge, or Directorate of Prosecution, not the court hearing the case. 

First, send a written representation to the Directorate of Prosecution or District Magistrate detailing the specific lapses. Second, apply before the CJM under Section 18 BNSS, which allows the court to permit a victim to engage a private advocate to assist the prosecution, this advocate works under the APP’s direction but can meaningfully protect the complainant’s interests and submit written arguments after evidence under Section 338(2) BNSS. Only serious collusion or sabotage would justify taking it to the Sessions Judge or a High Court writ for an actual change.

Lastly, for copies of the case file and witness statements, apply directly to the court’s copying agency or record section as the complainant or victim, not through the APP, under the applicable High Court’s Criminal Rules of Practice. Many High Courts now offer this via their e-Courts portal with digital delivery, so check if the specific court supports it.

Dear Client,

Based on the facts provided, if the complainant finds the conduct of the Assistant Public Prosecutor (APP) to be unsatisfactory—such as failing to meet, discuss, or consider important points before evidence proceedings—an application can be made before the Chief Judicial Magistrate (CJM) requesting a change of APP. The CJM has supervisory powers over the prosecution and may consider such a request if it affects the fairness of the trial.

To obtain a copy of the case file and witness statements without the APP’s assistance, the complainant can file a written application before the CJM or approach the court’s copying section. Certified copies of documents and depositions can be issued upon payment of the prescribed fees, and in many courts, electronic copies can be requested to be sent by email.

Given the procedural nuances and the importance of safeguarding your rights, you may take a one-on-one consultation with our office to draft the necessary applications and ensure proper compliance.

Hope this clarifies your position.

Dear client 

Based on your query, first I need to know that is there any Advocate on behalf of the Defacto complainant? If yes, then the Ld advocate can collect the certified copy of your full case record but not over email, only hard copy, and for changing the APP you must need to consult with the local Bar Association Advocates and to the PP Office in the perticular Court.

Hope this answer helps!

If you require detailed legal advice, discussion of your documents, or guidance regarding the further legal course of action, you may opt for a one to one-consultation

OLQ LAW FIRM