RUPABEN SANJAY PUNJWANI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) PRESENT petition under Article 227 of the Constitution of India has been preferred by the petitioner ? original complainant for an appropriate writ, direction or order quashing and setting aside the impugned order dated 18/10/2010 passed by the learned 2nd Additional Chief Judicial Magistrate, Gandhinagar in Criminal Case No.13737/2010.

(2.) AT the outset, it is required to be noted that though the question and the controversy involved in the present petition is whether the petitioner shall be permitted to represent through private advocate in the aforesaid criminal case No.13737/2010 or not, as such no application has been given by the petitioner before the learned Chief Judicial Magistrate permitting her to represent the case and conduct the trial through private advocate under Section 302 of the CrPC. It appears that the impugned order is passed on the application submitted by the accused objecting to the case/trial being conducted and represented by the private advocate on behalf of the petitioner. Under the circumstances, as there is a broad consensus between the learned advocates appearing for respective parties that if so advised, petitioner may submit appropriate application before the learned Chief Judicial Magistrate and/or before the concerned Magistrate before whom the criminal case No.13737/2010 is pending, permitting her to represent through private advocate in the aforesaid criminal case and to conduct the trial, under Section 302 of the CrPC and as & when such an application is made, the same be considered by the learned Magistrate in accordance with law and on merits, without in anyway being influenced by the impugned order.