CHUNCHUN Vs. STATE OF U P

JUDGEMENT

(1.) This appeal was filed by Chunchun against the judgment and order dated 22-9-1980 of Sri Ravi Verma, special Judicial Magistrate, Allahabad, in Criminal Case No 244 of 1979 acquitting the respondents Gokul, RamSumer, Binaik and Raj Karan of a charge under Section 506/427, Indian Penal Code. These respondents were prosecuted in this case on a complain t filed by Chunchun appellant.

(2.) During the pendency of this appeal Chunchun died on 15-1-1983 leaving behind him his sons Shesh Dhar and Shyam Dhar and brother Doodh Nath. The present application has been made by Doodh Nath with a prayer to permit him to prosecute this appeal by bringing his name on the record. The counsel for the appellant vehemently argued that such a prayer of Doodh Nath can be granted under Section 302 Criminal Procedure Code. The contention of the counsel is rather misconceived. The relevant portion of Section 302, Criminal Procedure Code reads as under: Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person other than a police officer below the rank of Inspector, but no person, other than the Advocate-General, or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission.

(3.) A mere reading of this section leaves no room for doubt that its object is to empower a trial court to permit any person other than the Public Prosecutor to conduct a trial before it. Such a power has been given to the trial court to be exercised where it is necessary for the ends of justice but it has not conferred any such power on any person to assert such a claim for the conduct of a trial as of right.