LAWS(GAU)-2008-11-21

FIROZ KHAN Vs. STATE OF ASSAM

Decided On November 29, 2008
FIROZ KHAN Appellant
V/S
STATE OF ASSAM Respondents

JUDGEMENT

(1.) THIS revision petition is directed against the order dated 4. 4. 2008 passed by the learned Additional District and Sessions Judge, (FTC), Dibrugarh, in Sessions Case No. 167 / 2007, allowing the prayer of the complainant for engaging private lawyer along with the Public Prosecutor.

(2.) I have heard Mr. P. J. Saikia, learned counsel for the petitioner. In view of the assumed importance on the point that posed for decision, Mr. A. K. Phookan, learned Advocate General, Assam, was also heard being assisted by Mr. Z. Kamar, learned PP and Mr. K. Munir, learned APP, Assam.

(3.) DURING the course of trial in the Court of the learned Additional District and Sessions Judge (FTC), Dibrugarh, on 18. 12. 2007, an application was filed by the complainant praying for allowing to engage a private lawyer in the case on behalf of the informant. After hearing the learned counsel for the parties, the learned trial Judge vide the impugned order dated 18. 12. 2007, allowed the prayer of the complainant and allowed to engage a private lawyer to assist the Public Prosecutor. The petitioners objected to the said permission granted to the complainant by filing written objection on 7. 3. 2008. After hearing the learned counsel for the parties, the learned trial Judge rejected the same vide order dated 4. 4. 2008, which is challenged in this revision petition.