Mr. M. C. Swamy, learned counsel appearing for the petitioner submits that the petitioner has come forward with this petition seeking for the relief of setting aside the order passed by the learned Judicial Magistrate No. II, Chidambaramin C.M.P. No. 462 of 2007 in C.C. No. 655 of 2006 allowing the petition filed under S. 302, Cr.P.C. seeking permission to the com-plainant"s-husband to conduct the prosecution on behalf of the complainant.

2. Learned counsel for the petitioner submits that the learned Magistrate has passed the order without considering the infirmities involved in this matter in respect of power of attorney given in favour of the husband of the complainant. It is contended by the learned counsel for the petitioner that any appointment of power of attorney should be processed by an appropriate order of the Court. Therefore, it is contended by the learned counsel for the petitioner in this case the power of attorney was executed prior to the filing of the complaint and the respondent-complainant has not obtained any Court order for execution of such power of attorney. Learned counsel for the petitioner also placed reliance on the decision of the Hon"ble Supreme Co