(Guest)

Right to have private pleader in CrPC Appeal cases?

I like ot know ASJ Court procedure in a Crl. Appeal Case.

Briefs:
- State is made respondent as R 1 in a Crl. Appeal Case
-. A Private Party is made respondent as R2
- Appearance of State by its PP is on record as R1 pleader
- A private pleader (Advocate) appears on behalf of R2 on first date of hearing inspite of PP appearing as R1

Now the Que. is:- can a private pleader be allowed without permission of the State PP to appear in Crl. Appeal case?

If NO then primilimanry objection could be filled by Appelant to follow CrPC Appeal cases procedures by a ASJ Court and the Objections is to remove a private pleader when PP is representing by State and/or just take leave of the court to plead by private pleader should be the stand - Right ?

If right then kindly quote Section of CrPC where it explains above procedures.

If answer to above scenario is YES where it says that in a Crl. Appeal cases R2 could be represented by a private pleader (advocate on record) then kindly quote section of CrPC where it states that when State is made R1 and R2 is second party then second party has a right to place on record a private pleader without State permission !

Rgds.

Reply Follow

3 Replies

bhupender sharma (head) 12 March 2010

Mr. Arun Kumar, the code itsself provides the remedy to the private person to be heard at the stage of the case whether appellate or otherwise section 302 of the Code provised the same.

Rajan Salvi (Lawyer) 26 March 2010

Now the Que. is:- can a private pleader be allowed without permission of the State PP to appear in Crl. Appeal case?
The obstruction is removed by recent amendment in the Criminal procedure Code, 2005 effective from 31-12-2009.

(Guest)

Sh. Rajan ji,
I had this doubt due to Amendment Act only and wanted to double check..
Thank you for clarifying my doubts.
Rgds,
P.S.: The funny part behind all these is the Ld. Adv. making an appearance for R 2 (wife) has not even filed his Vakalatnama but claims "right to private plead" that is why I raised the abv objection which even slipped from Ld. ASJ's presence of application of mind in "procedural follow up" in an Crl. Appeal suits.