KULDIP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) KLILDIP Singh petitioner submitted an application under Section 301 (2), Cr. P. C. 1973, to Additional Sessions Judge, Sirsa, praying that in Sessions case No. 21-SC dated March 30, 1979, which relates to the murder of his brother, he may be allowed to take part in trial proceedings either personally or through his counsel. The learned Additional Sessions Judge declined the prayer vide order dated July 24, 1979. It is against this order that the present petition under Section 482, Cr. P. C. is directed.

(2.) THE learned Counsel for the petitioner has argued that under Sub-section (2) of Section 301, Cr. P. C. 1973, the petitioner has a right to engage a counsel to take part in the trial proceedings before the learned Additional Sessions Judge. The learned Additional Sessions Judge has wrongly declined permission on the ground that the petitioner is not related to the deceased and the widow of the deceased has already engaged another senior counsel to assist the Public Prosecutor.

(3.) SECTION 301, Cr. P. C. reads: 301. (1) 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 inquiry, trial or appeal. (2) 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.