UMA SAHA (DEBNATH) Vs. THE STATE OF TRIPURA

JUDGEMENT

(1.) BY means of this petition filed under Section 397 of the Code of Criminal Procedure, the petitioner (complainant) has challenged the order dated 28.08.2014, whereby the learned Trial Court (Additional Sessions Judge, West Tripura, Agartala) has rejected her application under Section 24(8) of Cr.P.C. to appoint a counsel of her choice to assist the Public Prosecutor.

(2.) TODAY , Mr. S. Kar Bhowmik, learned counsel has brought to my notice an earlier application filed by the very same petitioner under Section 302 of the Cr.P.C. wherein the petitioner had also prayed that her counsel may be appointed as Special A.P.P. for better prosecution of the case and for the satisfaction of the petitioner (complainant). This petition was filed before J.M., 1st Class before commitment of the case. The J.M., 1st Class rejected this petition on 06.08.2012. Thereafter, the case was committed to the Court of Sessions and in the Court of Sessions, an application under Section 24(8) Cr.P.C. was filed for permitting the complainant to be represented by the counsel of her choice so that he could assist the prosecution. The learned Trial Court rejected this application on the ground that under Section 24(8) Cr.P.C., it is only the Central Government or State Government which can appoint a Public Prosecutor.

(3.) SECTION 24(8) Cr.P.C. reads as follows: -