C BOLLAYYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This S. R. is posted for orders on the Office Note. The petition is filed for the issued of a writ of Habeas Corpus for production and release of the two accused in P. R. C. No. 14/77 on the file of the Court of Judicial Magistrate of Second Class, Narasaraopet. The petition is supported by an affidavit given by the uncle of the petitioners (accused). The petition is filed without paying Court-fee of Rs. 2.00 and without Rs. 5.00 on vakalat. Therefore, the office raised the objection. "Though the petitioners are in jail, the writ petition is filed by the Advocate. Hence, it should be stated as to how the petition is maintainable without the court-fee of Rs. 2.00. The advocate while representing the S. R. gave the following endorsement:

(2.) The learned Counsel for the petitioner submitted that the petitioners are accused in P. R. C. 14/1977 on the file of the Judicial Magistrate of Second Class, Narasaraopet. When the petitioners are accused and a criminal case is proceeding against them, under S. 67 Clause (i) of the Court Fees Act, memorandum of appearance filed by Advocates is not chargeable with Court-Fee. 2A. Section 67 Clause (i) reads as follows :----

(3.) In this it is not in dispute that the petitioners are accused, that is the petitioners are persons proceeded against in criminal case. Therefore, the accused are entitled to appear through the counsel and it is sufficient if memorandum of appearance is filed by the advocate for accused without the payment of any court-fee i.e., such appearance is not chargeable with any fee. Therefore, in our view when the accused have filed this petition before the High Court irrespective of the nature of the petition, and appear through advocate, the memorandum of appearance is not chargeable with any court-fees. Therefore vakalat need not be filed with court-fee of Rs. 5.00 and a memorandum of appearance filed by the advocate without court-fee of Rs. 5.00 is sufficient.