Tarlok Singh Chauhan, J.

The moot question that falls for consideration in this petition under Section 482 Cr.P.C. is as to whether the complainant can conduct the trial when admittedly he has only sought and granted permission by the learned trial Court to assist and not conduct the trial.

2. This petition arises out of the order passed by learned Chief Judicial Magistrate, Shimla, H.P. in Cr.M.A. No. 6-4 of 2015 on 21.7.2015 whereby the application filed by the complainant/respondent under Sections 294 and 311 of the Code of Criminal Procedure, 1973, through his counsel, seeking permission to tender in evidence certified copies of the judgment passed by learned Sub Judge (II), Shimla in Case No. 62/I of 1985 titled Shri Radha Krishan Kuthiala versus Shri Gian Chand Kuthiala and copy of judgments dated 31.3.1998 passed by learned Additional District Judge, Shimla passed in Civil Appeal No.105/S/13 of 88/86 in case titled Shri Hari Krishan and others versus Shri Radha Krishan and others, came to be allowed.

3. Mr. K.D. Sood, Senior Advocate, assisted by Mr. Dushyant Dadwal, Advocate, would vehemently contend that even if permission had been granted by the learned trial Magis