LAWS(GJH)-1985-8-30

PATEL VARYABHAI JESANGDAS Vs. STATE OF GUJARAT

Decided On August 23, 1985
PATEL VARYABHAI JESANGDAS Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) The present revision application is directed against the order passed by the learned JMFC Vijapur in Criminal Case No. 1104 of 1983 rejecting the complainants prayer that his private Advocate Mr. M. M. Shah be permitted to conduct the case on behalf of the prosecution. The learned Magistrate was of the opinion that such a request cannot be granted. He therefore rejected the said application and the said order is being sought to be challenged before me.

(2.) Mr. M. M. Shah the learned advocate appearing for the complainant-petitioner drew my attention to sec. 301 of the Criminal Procedure Code which reads as under:

(3.) Mr. Shah also drew my attention to a case reported in AIR 1967 Punjab P. 42 (Roop K Shorey v. The State) wherein also the learned Single Judge of the said court observed in para 5 as under: