Smt. S. Vishnu Priya v. The State Of Telangana,

THE HON'BLE SRI JUSTICE RAJA ELANGO CRIMINAL REVISION CASE No.3070 OF 2015 ORDER:

This Criminal Revision Case is filed by the petitioner, challenging the docket order, dated 30.11.2015 passed in Crl.M.P. No.1316 of 2015 in S.C. No.549 of 2011 by the V Additional Metropolitan Sessions Judge, Hyderabad.

Heard and perused the material available on record. The petitioner is the de facto complainant.

She filed an application under Section 301 Cr.P.C., requesting the Court below to allow her to file vakalat on her behalf to assist the Assistant Public Prosecutor. The Court below refused the same on the ground that the accused were not made party to the said application. Aggrieved over the said order, this revision is filed.

When any application is filed to assist the prosecution, it is not necessary that notices should be given to the accused. It is between the Court and the Public Prosecutor to decide whether a person can be permitted to assist the Public Prosecutor or not. Hence, the petitioner is directed to engage a counsel to assist the case in the Sessions Court and the said counsel is at liberty to file written arguments only, after conclusion of trial of the case. With the above directions, the Criminal Revision Case is disposed of. Consequently, miscellaneous petitions pending, if any, shall stand closed.

______________ RAJA ELANGO, J December 09, 2015.

KTL