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2015 Supreme(SC) 1011

MADAN B.LOKUR, R.BANUMATHI
K. ANBAZHAGAN – Appellant
Versus
SELVI J. JAYALALITHA – Respondent


JUDGMENT

MADAN B. LOKUR, J.

Criminal Appeal No. 638 of 2015 arises out of SLP(Cri.) No. 2013 of 2015. The challenge is to the decision of the learned Single Judge of the Karnataka High Court dated 5-2-2015 whereby IA No. 1 filed under Section 301(2) Cr.P.C. in Criminal Appeals Nos. 835-38 of 2014 was dismissed by the High Court. In that IA, Mr. Anbazhagan had sought permission of the learned Single Judge to intervene in the pending appeals filed by the accused persons and assist the Special Public Prosecutor. The prayer in this Court is for permission to file written submissions in the pending appeals filed by the accused persons. However, there is no such prayer in the application for permission to file written submissions.

2. In the order under appeal, the learned Single Judge framed the issues arising out of the application as follows:

(i) Whether the applicant/intervener can be permitted to intervene as a party/respondent in the above appeals?

(ii) Whether the intervener can be permitted to assist the Special Public Prosecutor before this Court?

3. In my opinion, there is no question of permitting Mr. Anbazhagan to file written submissions. Section 301(2) Cr.P.C. does not postulate

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