[(1A) The High Court may, be general or special order published in the official Gazette, direct that all or
any of its powers specifed in clauses (a) and (b) of subsection (1) shall, subject to such conditions, if any, as
may be specified in the order, be exercisable also by—
1
(a) a Sessions Judge; or
(b) an Additional Sessions Judge, Within the territorial limits of a Session Division. ]
(2) 2[The High Court] may, from time to time, frame rules to regulate the procedure in cases under this
section.
[(3) Nothing in this section applies to persons detained under any law providing for preventive
detention.]
3
491A. [Powers of High Court outside the limits of appellate jurisdiction.] Omitted by the Criminal
Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule.
4
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PART IX
SUPPLEMENTARY PROVISIONS
__________
CHAPTER XXXVIII
OF THE PUBLIC PROSECUTOR
492. Power to appoint Public Prosecutors.(1) The 5* * 6[Provincial Government] may appoint,
generally, or in any case, or for any specified class of cases, in any local area, one or more officers to be
called Public Prosecutors.
(2) 7* * 8[Officerincharge of prosecution in the district] may, in the absence of the Public Prosecutor,
or where no Public Prosecutor has been appointed, appoint any other person, not being an officer of police
below 9[such rank as the 6[Provincial Government] may prescribe in this behalf] to be Public Prosecutor for
the purpose of 10[any case].
493. Public Prosecutor may plead in all Courts in cases under his charge Pleaders privately
instructed to be under his direction. The Public Prosecutor may appear and plead without any written
authority before any Court in which any case of which he has charge is under inquiry, trial or appeal, and if
any private person instructs a pleader to prosecute in any Court any person in any such case, the Public
Prosecutor shall conduct the prosecution, and the pleader so instructed shall act therein, under his
directions.
1 Ins. by Ord. 8 of 02, s.2
2 Subs. by the Criminal La w Amendement Act, 1923 (12 of 1923), s. 30, for “Each of the said High Courts”.
3 Subs. by the Federal Laws (Revision and Declaration) Ordinance, 1981 (27 of 1981), s.3 and Second Sch., for subsection (3), which has previously been amended by various enactments.
4 S. 491A was ins. by Act 12 of 1923, s.31, and subsequently amended by A.O., 1937.
5 The words “G.G in C, or the “ rep. by A.O., 1937.
6 Subs. ibid., for “L.G.”.
7 The words "In any case committed for trial to the Court of Sessions" rep. by the Code of Criminal��Procedure (Amdt.) Act, 1923 (18 of 1923), s. 133.
8 Subs. by Ord. 37 of 2001, s. 07 (w.e.f. 1482001).
9 Subs. ibid., for "the rank of Assistant District Superintendent.
10 Subs. ibid., for “such case”.
1* * *may, with the
Page 172 of 319
494. Effect of withdrawal from prosecution. Any Public Prosecutor