Rule. Heard finally with consent of parties.

2. By this application, the applicants challenge the order passed by the Judicial Magistrate (F.C.) whereby he allowed the application of the non-applicant No.2 to assist the prosecution.

3. A few facts may be narrated as follows:-

The applicants are accused in Criminal Complaint No. 3516 of 2006. The non-applicant No. 1 instituted this criminal complaint case before the Chief Judicial Magistrate under Rule 13 of the Maharashtra Private Security Guards (Regulation of Employment and Welfare) Act, 1981. It is alleged that the applicants/accused did not register itself as principal employer and has thus committed offence punishable under Rule 42 of the Rules. Non-applicant No.2 moved an application in this private complaint case to assist the complainant. It appears that the non-applicant No. 2 was in the employment of the applicants/accused and his services have been terminated by the applicants. The main ground upon which he seeks to assist prosecution is that the applicants/accused are misleading the Court and that needs to be taken care of.

The complainant i.e. N.A. No.1 gave no objection while the applicants/accused opposed the application. The application is granted by the Court below by single line order and being aggrieved by that, this application is filed.

4. I have heard both the sides Shri Mewar, learned counsel for the applicants, submitted that there is no application of sections 301 and 302 of Criminal Procedure Code, since this is a private complaint case. Sections 301 and 302 of Criminal Procedure Code read as follows:

“301. Appearance by Public Prosecutors.-(1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority before any Court in which that case is under inquiry, trial or appeal.

(2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the Public Prosecutor or Assistant Public Prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case.

302. Permission to conduct Prosecution. - (1) Any Magistrate inquiring into or trying a case may permit the prosecution to be conducted by any person, other than a police officer below the rank of Inspector; but no person, other than the Advocate-General or Government Advocate or a Public Prosecutor or Assistant Public Prosecutor, shall be entitled to do so without such permission: Provided that no police officer shall be permitted to conduct the prosecution if he has taken part in the investigation into the offence with respect to which the accused is being prosecuted. (2) Any person conducting the prosecution may do so personally or by a pleader." 5. Firstly, this is not a case instituted upon a police report under section 173 of Criminal Procedure Code but essentially a complaint case instituted under section 200 of Criminal Procedure Code. The complaint case is not filed by any Public Prosecutor for the Board nor the Public Prosecutor is conducting the said criminal case. The complainant has engaged a private lawyer in the instant criminal case. The permission to assist the Public Prosecutor, can be granted under this section. The lawyer who is engaged by the complainant is not a Prosecutor within a meaning of section 24 or 25 of Criminal Procedure Code, for the State Government or the Central Government has not so appointed him, assuming the complainant/N.A. l to be a State within meaning of Article 12 of Constitution of India having been constituted under the Maharashtra Private Security Guards Act, 1981. It is for this reason that section 301 of Criminal Procedure Code has no application to the case at all.

6. As far as section 302 of the Criminal Procedure Code is concer