Rakesh Tiwari @ Shashi Bhushan Tiwari vs State of U.P.

Bhagwan Din, J.—In S.T. No. 423/99, pending in the Court of the VI Addl. Sessions Judge, Sultanpur. P.W. 1 Manish Pandey was examined on 1422001. The crossexamination of the witness was deferred on the request of the defence counsel Sri K.P. Tripathi, that the parties are willing to settle their dispute out side the Court. The trial Court fixed 1922001 for crossexamination of P.W. 1 and the remaining evidence on 1922001, P.W. 2 Uma Kant was examined Sri. K.P. Tripathi appearing for the accused petitioner withdrew himself from appearing on behalf of the accused petitioner. On this, the accused petitioner moved an application ''19 kha'' for permission to engage a new Counsel in place of Sri K.P. Tripathi. The trial Court rejected the application by impugned order dated 1922001 and closed the crossexamination of both the witnesses Manish Pandey and Uma Kant. For quashing this order the present petition under Section 482, Cr. P.C. has been filed.

I considered the facts of the case and also have regards to the nature of the offence for which the accused petitioner has been prosecuted and is being tried by the VI Addl. Sessions Judge, Sultanpur. I have also considered the manner in which the crossexamination of the witness was deferred.

It cannot be disputed that if the counsel, who has been engaged for crossexamination of the witness withdraws and refuses to defend the accusedpetitioner, the accusedpetitioner has right to engage a new Counsel. This right cannot be refused merely for the reason that some Counsel had also filed their parcha/vakalatanama before the charges were framed.

I, therefore, find substance in the submission of the learned Counsel appearing for the petitioner.

The petitioner is allowed and the order dated 1922001 passed in S.T. No. 427/99 is quashed. It is provided that the petitioner will engage a Counsel of his choice and the Counsel so engaged shall appear in the Court on 2192001 and crossexamine the witness whose examination in chief has already been recorded.

Let a copy of this order be given to the parties Counsel on payment of usual charges within 24 hours.