K.T. Sankaran, J.

1. The questions involved in this application are:

(i) Whether sub-section (2) of Section 301 of the Code of Criminal Procedure can be invoked in an appeal against conviction and sentence in a Sessions Case or whether the said sub-section applies only in a case before the the trial court?

(ii) Whether a person, who did not make any application under Section 301(2) of the Cr.P.C. before the trial court, is disentitled from applying for the relief under that provision before the appellate court?

(iii) Whether sub-section (8) of Section 24 of the Cr.P.C. can be invoked in the facts and circumstances?

2. The petitioner is the father of Ambili who was allegedly murdered by her husband, the appellant in the Crl. Appeal (accused in the Sessions Case-first respondent in the present application). The appellant was found guilty by the Sessions Court for the offence under Section 302 of the Indian Penal Code and he was sentenced to undergo imprisonment for life and to pay a fine of Rs.2 lakhs, and in default of payment of fine, to undergo rigorous imprisonment for two years. The Sessions Court held that the fine amount, if realised, will be equally paid to the children of the deceased. Challenging the conviction and sentence, the appellant filed the Criminal Appeal. Criminal Miscellaneous Application No. 5007 of 2014 is filed by the father of the deceased, to grant permission to him "to assist the prosecutor through his counsel to defend the above appeal filed by the accused/appellant". The application is filed under Section 482 read with Section 301(2) of the Cr.P.C.

3. The learned counsel for the petitioner submitted that the application is maintainable under Section 301(2) as well as under Section 24(8) Cr.P.C. and that in the interests of justice, the application is liable to be allowed.

4. The application is opposed by the first respondent/appellant. The learned counsel for the appellant submitted that the application is not maintainable in law. He submitted that Section 301(2) of the Cr.P.C. does not apply to an appeal. He also submitted that the petitioner having not made any similar application in the trial court, he is not entitled to file an application before the appellate court. Answering the submission of the learned counsel for the petitioner that sub-section (8) of Section 24 of the Cr.P.C. also would apply, the learned counsel for the first respondent (appellant) submitted that Section 24(8) would apply only if a Special Public Prosecutor is appointed in the case since the proviso to sub-section (8) would apply only to that sub-section.

5. The learned Additional Director General of Prosecution submitted that the application is maintainable under Section 301(2) of the Cr.P.C. He also submitted that Section 24(8) Cr.P.C. would also apply. It is submitted that since a Special Government Pleader for conducting cases relating to atrocities against women and children is appointed in the High Court, and also going by Section 2(u) Cr.P.C., he would be a Public Prosecutor.

6. Section 301 of the Code of Criminal Procedure reads 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."

7. In Shiv Kumar v. Hukam Chand and another (1999) 7 S.C.C. 467, interpreting the scope and ambit of Section 301 of the Code of Criminal Procedure, the Supreme Court held thus:

"12. In the backdrop of the above prov