RAM SWAROOP JATAV Vs. STATE OF U P

JUDGEMENT

(1.) THIS is an application under section 482 Criminal Procedure Code, for quashing the order dated 13-9-1983 passed by the Munsif magistrate, Agra, and for staying further proceeding in criminal case no. 379 of 1982 State v. Ram Swaroop and others under section 466, 218 and 120 B IPC, Police Station Edmadpur, district, Agra pending in that court.

(2.) THE facts giving rise to this application are very short. THE applicant moved an application dated 8-9-93 before the trial court under section 2 (q)/303 CrPC and section 32 of the Advocate Act, for permitting one Sri Salig Ram Sharma, to act as his pleader in that case. This application was rejected by the learned Munsif Magistrate by his order dated 13-9-1982, which is annexure No. 2, to this application. THE present petition has been filed against the above order.

(3.) THE applicant has filed his own affidavit in support of the petition. It is stated in para 9 of the affidavit that the Magistrate has mentioned in the impugned order that Sri S. K. Pathak, Advocate was, representing the applicant at the trial, which is absolutely incorrect. THE said Sri S. K. Pathak, is duly appointed counsel of the complainant Sri Narendra Dutta Paliwal. THE applicant has filed a true copy of the Vakalatnama, which is appended as Annexure-No. 3 to this affidavit. It is also stated that Sri Salig Ram is retired Dy.S. P. Formerly he was an A.P.P. in which capacity he had prosecuted hundreds of criminal cases and that Sri Salig Ram is a pleader of the applicant's choice and he asserts his right to be represented by the said Sri Sharma, who is able and willing to do so. THE complainant Narendra Dutt Paliwal has filed his counter affidavit and he has not denied the averment of the applicant that Sri S. K. Pathak was representing the complainant in criminal case no. 379/82 before the Magistrate.