SHRI SHAMSHER SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SHAMSHER Singh petitioner made a complaint in the court of Additional Munsif Magistrate, First Class, Ajmer City (East) under Section 500, read with Section 109, I.P.C., and under Sections 504 and 506, I.P.C., In that complaint the accused are - (1) Amrit Kumar, Advocate, and (2) Ajit Singh. In the course of trial Samshasher Singh appeared as a witness on April 20, 1971. After the Examination -in -chief of the witness was over, the accused were directed to cross -examine him. At the initial stage of the cross -examination Amrit Kumar submitted to the court that he would conduct cross -examination on behalf of himself and accused Ajit Singh. An objection was raised on behalf of learned Counsel for the complainant that since Amrit Kumar was himself an accused in the case, he could not represent Ajit Singh. That objection was over -ruled by the trial court. This revision petition has accordingly been filed against that order.

(2.) A short question that arises for the disposal of this revision petition is whether an Advocate, who is an accused in a criminal case, can represent the co -accused at the trial.

(3.) ARTICLE 22(1) of the Constitution provides that no person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.