BURRA RAJAIAH Vs. STATE

JUDGEMENT

(1.) Criminal Petition No.3529 of 2010 is filed by the accused Nos.1 to 4 and Criminal Petition No.3557 of 2010 is filed by the accused Nos.2 to 4 under Sec. 482 Cr.P.C., for direction to the Special Sessions Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short, the Act), Warangal to accept memorandum of appearance filed by Advocate of choice of the petitioner to appear on their behalf to defend their case in Sessions Case No.15 of 2007 on its file.

(2.) The petitioners are accused of offences punishable under Sections 342, 323, 427, 506, 34 IPC and Section 3(i)(x) of the Act.

(3.) Originally, the petitioners engaged one Advocate by name G. Sanjeeva Reddy who filed memo of appearance on their behalf in the lower Court. Now the petitioners want to engage another Advocate by name N. Sekhara Rao. The petitioners filed memo of appearance of that Advocate in the lower Court and it was returned by the lower Court stating that 'no objection' of the previous Advocate should be obtained thereon. As against the said return endorsement on memo of appearance, the petitioners approached this Court with these petitions. The petitioners' present Counsel should have represented memo of appearance by endorsing resubmissions after return endorsement of the lower Court, stating that as per their contentions on law and on facts no such 'no objection' endorsement of the previous Counsel is necessary. Instead, they rushed to this Court with these petitions questioning return endorsement of the lower Court and without impleading their previous Advocate as party to these petitions. It is contended by the petitioners' Counsel that presence of the petitioners' previous Counsel is not necessary for the purpose of these petitions as he ceased to be the petitioners' Advocate. But, at any rate, these Criminal Petitions are not maintainable against mere Ministerial Return Endorsement of the lower Court and in the absence of any Judicial Order passed by the lower Court.