RAGNATHBHAI PREMABHAI PATEL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard learned counsel appearing for the petitioner Mr. S.V.Raju with learned advocate Mr. P.S.Chaudhary and Mr. M.C.Barot appearing for respondent No.1 Original Complainant. I have also considered the submissions of learned APP Mr. Pandya.

(2.) My attention has been drawn to certain aspects from the facts emerging from the record especially charge framed and the proceeding is drawn by the learned Additional Sessions Judge while framing the charge on the day on which the charge under challenge was framed.

(3.) Undisputedly, the day on which the charge was framed against the petitioner, nobody defending him was present because no formal "Vakalat-Nama" was on record by the petitioner. It is submitted that as per the scheme of Section 227 and 228 of Cr.P.C. the accused should be offered an opportunity if he intends to resist the framing of the charge, particularly, when a person is facing a serious trial of a murder case he should be asked whether he intends to engage Advocate or need help of a counsel in such a situation irrespective of the reply given by the concerned accused in the committal proceeding. My attention has been drawn by Mr. S.4Raju to the following two decisions;