R MOHAN REDDY Vs. G THIRUPATHI REDDY

JUDGEMENT

(1.) Respondents 1 to 4 in this case who are accused of the offence punishable u/s 302 r/w 34 of the Indian Penal Code in S.C.No. 114/89 in the Court of the Additional Sessions Judge, Mahaboobnagar were released on bail. The charge-sheet in that case was filed.by the 5th respondent i.e. Inspector of Police, Wanaparthy and it was committed for trial to the Sessions Judge. The petitioner, who is the de facto complainant filed an application in Crl.M.P. No. 228/89 before the Additional Sessions Judge, Mahaboobnagar to cancel the bail granted to respondents 1 to 4 u/s 439 (2) of the Code of Criminal Procedure. "The learned Additional Sessions Judge dismissal that application on two grounds-that the petitioner has no locus standi to file the application and that there are no merits in that case. This revision case is filed against the said order by the de facto complainant.

(2.) The first and main question which arises for consideration in this case is whether the petitioner who is the de facto complainant can file an application for cancellation of bail granted to the accused. The learned counsel for the petitioner has referred to Sec. 439 (2) of the Code of Criminal Procedure which says that the High Court or court of Session may direct that any person who has been released on bail be arrested and commit him to custody. That only deals with the powers of the High Court or the Court of Session for compilation of the bail. The further question is who is to file such an application whether the Public Prosecutor representing the State or whelher anybody also including the de facto complainant.

(3.) Section 301 of the Code of Criminal Procedure provides that the Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under enquiry, trial or appeal. Sub-section (2) of Section 301 says that if in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case. Section 24 (3) of the Code of Criminal Procedure Provides that for every district the State Government shall appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors for the district. The definition of Public Prosecutor in Section 2 (u) of the Code of Criminal Procedure reads that the 'Public Prosecutor' means any person appointed under Section 24, and includes any person acting under the directions of a Public Prosecutor.