LOGANATHAN Vs. RAJ MOHAN

JUDGEMENT

(1.) This petition coming on for hearing on this day upon perusing the petition and the order of the Lower Courts, and the record in the case, and upon hearing the arguments of Mr. Sam V. Chelliah, Advocate, for the petitioner, and of Miss P.G. Thamarai Chelvi, Government Advocate (Cr1. Side) for the Public Prosecutor on behalf of the 1st Respondent and notice sent to the and Respondent, not having been returned either serve or un-served the Court made the following order: This is a revision petition against an order rejecting an objection raised by the complainant in respect of the appearance of the Public Prosecutor for the defence.

(2.) A complaint was filed by the revision petitioner against the Railway Protection Force SubInspector, for an offence under section 500 of the Indian Penal Code. The case was taken on file and the Assistant Public Prosecutor appointed by the Central Government for conducting cases arising out of Railway Property Unlawful Possession Act and who also happens to be a member of the Railway Protection Force, filed a memo to appear on behalf of the accused. The same was objected to by the complainant for several- reasons, namely, that being a Public Prosecutor, he cannot appear on behalf of the accused that being a Central Government servant, he is not entitled to practise, and therefore, cannot appear for the accused, that the permission of the Court as required under section 2(q) of the Code of Criminal Procedure was not obtained, and that as per rules 69 and 70 of the Criminal Rules of Practice, he cannot be permitted by the Court to appear.

(3.) The trial Court overruled the objections observing that the Additional Public Prosecutor was appearing only as a private practitioner in this case that he was found to be a fit person as per the yardstick prescribed in Rules 69 and 70 of the Criminal Rules of Practice, and that though prior permission was not obtained from the Court EX POST FACTE permission was granted by the Court. Against that judgment dated 12/11/1982, the present criminal revision petition is filed.