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In Re: Atakuri Saravayya and ors. - Court Judgment

LegalCrystal Citation
SubjectCriminal
CourtChennai
Decided On
Reported inAIR1923Mad484; (1923)44MLJ366
AppellantIn Re: Atakuri Saravayya and ors.
Excerpt:
- .....an accused person for revision of an order of the sub-magistrate of gurzala, refusing to allow a private vakil to appear on behalf of the accused, the present petitioners. it is admitted that the trial in which the private vakil's assistance was required, has ended. there is therefore no order, which this court could pass by way of revision of the sub-magistrate's order refusing him leave to appear which could affect that trial. it is said further that the accused petitioner was convicted and that his appeal is now pending before the district magistrate. if so advised, he will be able to make it a ground of appeal that he was improperly deprived of legal assistance at the trial. in these circumstances it would be useless to proceed with this revision petition and it would be improper.....
Judgment:
ORDER

Oldfield, J.

1. This is an application by an accused person for revision of an order of the Sub-Magistrate of Gurzala, refusing to allow a private Vakil to appear on behalf of the accused, the present petitioners. It is admitted that the trial in which the private Vakil's assistance was required, has ended. There is therefore no order, which this Court could pass by way of revision of the Sub-Magistrate's order refusing him leave to appear which could affect that trial. It is said further that the accused petitioner was convicted and that his appeal is now pending before the District Magistrate. If so advised, he will be able to make it a ground of appeal that he was improperly deprived of legal assistance at the trial. In these circumstances it would be useless to proceed with this revision petition and it would be improper to do so, when the accused's contention can properly be put forward elsewhere. The revision petition is accordingly dismissed.


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