SHIV KUMAR vs HUKAM CHAND

The Supreme Court held that under Section 301(2) of the Criminal Procedure Code (Cr.P.C.), a private counsel cannot conduct prosecution in a sessions trial without the Public Prosecutor's direction. The Court emphasized the importance of fairness to the accused in criminal proceedings, affirming that the Public Prosecutor must retain control over the prosecution. The High Court's order allowing a private counsel to assist under the Public Prosecutor's guidance was upheld, ensuring the integrity of the prosecution process.