( 1 ) S. C. Gudimani lodged a complaint against six persons before the Metropolitan Magistrate, New Delhi, on February 21, 1980, under Ss. 120b, 420, 421, 422, 425 and 34 Indian Penal Code. Though there is nothing on record, but it is not denied that the accused were represented by Shri Mathur and Kumari Naresh Parmar, a junior colleague of Shri Dinesh Chand Mathur, and they did so without a Vakalatnama. The learned Metropolitan Magistrate by his order dated May 15, 1980, summoned only four of the accused including Lt. Col. K. C. Sud. under S. 420 read with S. 34 Indian Penal Code. and dismissed the complaint with regard to offences under Ss. 120b, 421, 422 and 425 IP. C.

( 2 ) AGAINST the aforesaid order, the present petition under S. 397 Criminal Procedure Code. has been filed on behalf of Lt. Col. Sud by Shri D. C. Mathur and Kumari Naresh Parmar. The revision petition was admitted by this court on August 20, 1980. When the petition came up for hearing, Shri Balraj Trikha, the learaed Advocate for the respondent, objected that since Shri Mathur was the Public Prosecutor for the Delhi Administration, he could not appear on behalf of the accused person. The revision Ther