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1999 Supreme(AP) 868

K.B.SIDDAPPA
MEDCHI CHEMICALS AND PHARMACEUTICALS PRIVATE LIMITED, SECbad – Appellant
Versus
MMTC LIMITED, MUMBAI – Respondent


K. B. SIDDAPPA, J.

( 1 ) THIS revision is filed against the order passed in Crl. MP no. 3055 of 1997 in CC No. 655 of 1995 on the file of X Metropolitan Magistrate, secunderabad.

( 2 ) THE accused had filed an application under Section 205 (2) Cr. PC read with Section 305 Cr. PC and Rule 37 of criminal Rules of Practice for cancellation of the order in Criminal MP No. 554 of 1996 dated 7-2-1996. By the order dated 7-2-1996, one Mr. P. S. R. Swamy, Deputy Manager, in m/s. MMTC Limited, of Secunderabad office was appointed as representative of accused Nos. 1 to 3. That was sought to be cancelled in this application on the ground that on the day of the appointment i. e. , 7-2-1996 there was no authorisation in favour of Mr. P. S. R. Swamy by the Managing director or any person having management of the affairs of the Corporation. Further, mr. P. S. R. Swamy cannot be appointed under Section 205 (2) Cr. PC and also rule 37 of Criminal Rules of Practice. Under section 205 (2) Cr. PC, the accused can be represented by Special Vakalath by an advocate. Admittedly, Mr. P. S. R. Swamy is not an Advocate. Therefore, there is no application of Section 205 (2) Cr. PC. Again, under Rule 37 of Crim







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