P. LOKESH Vs. STATE BY HANUMANTHANAGAR POLICE

JUDGEMENT

(1.) PETITIONERS are facing trial in S.C.No.738/2008 pending on the file of the XLV Addl. City Civil and Sessions Judge, Bangalore City, for the offences punishable under Ss.306, 498-A read with S.34 IPC and Ss.3 & 4 of Dowry Prohibition Act. The defacto complainant/ Smt. Gowramma ­ respondent No.2 herein, through her learned advocates Sri K.N. Nagesh & Sri Gopal Singh, filed an application dated 17.11.2009 in the Trial Court, under S.216 of Code of Criminal Procedure, 1973 (for short, the Code), copy of which was served on the learned Public Prosecutor, to frame charges against accused Nos.1 to 4, for the offences punishable under Ss.304-B, 498-A read with S.34 IPC and Ss.3 & 4 of Dowry Prohibition Act. The application having been allowed, the accused have filed this criminal revision petition.

(2.) SRI S.Mahesh, learned advocate, contended as follows:

(3.) CHAND AND ANOTHER ­ (1997) 7 SCC 467, with regard to the right of private advocates to conduct prosecution in a sessions case, it has been held that the prosecution in a sessions case cannot be conducted by anyone other than the Public Prosecutor and that the role of the private counsel is limited to assist the Public Prosecutor. It has been clarified that the private counsel can submit written arguments after closure of evidence, with prior permission of the Court.