IN RE: KARUTHIAH ALIAS ILAYAPERUMAL Vs. STATE

JUDGEMENT

(1.) This Revision Petition has been filed by the accused in P.R.C. No. 9 of 1966, to set aside the order of the Sub -Magistrate, Tirumangalam, in Crl. M.P. No. 301 of 1966, dated 24th May, 1966, dismissing that application.

(2.) It appears, in the charge -sheet filed by the police against the petitioner in P.R.C. No. 9 of 1966, an Advocate, Sri Lakshminarasimhan was cited as a witness for the prosecution. The petitioner filed an application before the Sub -Magistrate stating that he had engaged Sri Lakshminarasimhan, Advocate, Madurai, to defend him in that case, as the advocate was well -known to him and his family and that he had confidence only in him and that he should be permitted to appear for him, after directing the prosecution to dispense with him as a prosecution witness. He has further stated in his application that the advocate had been cited as a witness for the prosecution with ulterior motives in an attempt to deprive him of the service of the advocate. The Circle Inspector objected to the advocate appearing for the petitioner on the ground that he was a prosecution witness and that he had to speak to the fact of surrender of the petitioner before the Sub -Magistrate -II, Madurai and other connected facts.

(3.) The learned Sub -Magistrate dismissed the petition of the petitioner on the ground that there was no provision to direct the prosecution to dispense with the witness and hence Counsel was not permitted to appear for the petitioner.