Kuldeep Kushwaha And Others vs State Of Madhya Pradesh

Pranay Verma, J

Heard.

By this petition preferred under Section 482 of the Cr.P.C. the petitioners have challenged the order dated 17.03.2023 passed by the Court below declining permission to them to engage a new counsel.

It is submitted by the counsel for the petitioners that the earlier engaged counsel of the petitioners has refused to give them the No Objection Certificate for engaging a new counsel hence an application was filed before the Court for grant of permission to engage a new counsel. Along with the application the Vakalatnama of all the petitioners and their affidavits were also filed. If the earlier counsel has refused to give No Objection Certificate to the petitioners, they ought not to have been forced by the Court to obtain such No Objection Certificate from him.

In my opinion, it is the right of a litigant to engage counsel of his/her own choice and merely because the earlier counsel engaged by them refuses to give No Objection Certificate for engaging a new counsel, they cannot be deprived of legal representation. The Court below hence ought to have allowed the petitioners to engage a new counsel of their own choice.

Consequently the impugned order dated 17.03.2023 is set aside and the application dated 17.03.2023 (Annexure A/2) filed by the petitioners for engaging a new counsel stands allowed. Petition is accordingly allowed and disposed off.