CHHAGGAN Vs. DOLA

JUDGEMENT

(1.) THIS is a reference by the Sessions Judge, Jaipur Dist-rict, on a complaint by one Dola under sec. 323 read with sec. 504 I. P. C. against Chhagan and others. Mr. Prahlad Rai Sharma, Extra Magistrate, First Class, Jaipur, framed charges under sec. 323 IPC and adjourned the case to the 4th of April, 1952 for re-cross-examination of the prosecution witnesses. On that date the accused persons appeared along with Mr. Narain Behari, an Advocate of this Court. Before the learned Advocate commenced re-cross-examination of the witnesses, the Magistrate stopped him from doing so on the ground that the power of attorney which had been filed did not bear his signatures. The Magistrate directed the Advocate to file a fresh Vakalatnama in order to enable him to proceed with the re-examination of the prosecution witnesses. A revision application was moved by the accused before the Sessions Judge, Jaipur District, who has made this reference with the recommendation that the order of the Magistrate was illegal and the Magistrate be directed to permit Mr. Narain Behari to proceed with the case without filing any fresh Vakalatnama.

(2.) AN explanation was invited from Mr. Prahlad Rai Sharma who has not been able to refer to any provisions of law in support of his order but he has said that he followed the practice of the court in asking Mr. Narain Behari to file a fresh Vakalatnama.