T KOTESWARA SARMA Vs. S H O

JUDGEMENT

(1.) THE revision is filed against the order directing the petitioner's counsel Sri. T.P. Sastry to withdraw his appearance in the case.

(2.) THE facts of the case are that the de facto complainant filed a report before the police against the petitioner. The petitioner engaged T .P. Sastry, his own brother as his counsel. The de facto complainant, the petitioner and T.P. Sastry are brothers. The A.P.P. II filed a memo before the Court below seeking a direction to the petitioner -accused to engage some other counsel, as T.P. Sastry cannot defend the petitioner. The Court below allowed the said memo and observed:

(3.) THEREFORE , I hold that as per section 303, Cr.P.C., the accused has a right to be defended by a counsel of his own choice and that the said right is also a fundamental right availble to the accused under the Constitution of India and that the Court cannot deny the same. The same can be denied only when the said advocate appears as a witness or as a party to the case. Hence, it set aside the order, of the Court below and allow this revision case.