KARTIK CHANDRA BHATTACHARYA Vs. STATE OF U P

JUDGEMENT

(1.) P. P. Gupta, J. This is an application on behalf of the accused-applicants under Section 482 of the Code of Criminal Procedure (hereinafter referred to as'code'), for setting aside the order dated 7-2-1992 passed by M. M. Ill, Oovind Nagar, Kanpur Nagar in Case No. 466 of 1987, State V. K. C. Bhattacharya and others.

(2.) THE applicants are accused under Section 498, IPC in the aforesaid Case No. 466 of 1987. This caae was being conducted by the Assistant Public Prosecutor on behalf of the State. After the close of examination-in-chief of the defence witnesses, an application purporting to be under Section 301/302 of the Code was moved on behalf of the complainant-opposite party No. 2 seeking permission to cross- examine the defence witnesses by the complainant's private counsel. THE A. P. P. conducting the case permitted the private counsel to do so. It was, however, objected to by the applicants who filed objections to the said application on 30-1-1992. After hearing the learned Counsel for both the parties and the learned A. P. P. , the learned Magistrate permitted the private counsel engaged by the complainant to act on behalf of the prosecution and to cross-examine the defence witnesses. This order dated 7th February, 1992 passed by the learned Magistrate has been challenged by the accused- applicants in this application.

(3.) PLACING reliance on a decision of the Lucknow Bench of this Court in the case of Hargovind Mtira v. State of U. P. and ano'her, 1982 AU 895, the learned Counsel for the applicants argued that complainant's private counsel could only assist the Public Prosecutor but he could not be allowed to personally conduct the case.