(Writ Petition is filed under Article 226 of the Constitution of India, seeking to issue a Writ of Mandamus, directing respondents 2 and 3 to forthwith nominate C.Vijayakumar, Advocate to defend the petitioner in CC No.736/2004 pending before the 3rd respondent and direct the 3rd respondent to conduct the examination in chief afresh after the nomination of the said lawyer to appear on behalf of the petitioner.)

Heard. Mr. K.Chandru, learned senior counsel appearing for the petitioner and Mr.K.Doraiswmy, learned Public Prosecutor for the respondents.

2. The petitioner was arrested on 20.8.2003 in Chennai in connection with the case in Cr.No.145/2003 for the alleged offences under Passport Act. Final report was filed after investigation and was taken on file in C.C. No.736/2004 for the alleged offences under Section 12(1)(b) and (d)(e) and 12(1A)(a) of Indian Passport Act. As the petitioner is a Nepali citizen and he does not have sufficient means to engage a lawyer of his choice, he made a request to the learned Magistrate to provide a lawyer of his choice at the cost of the State. For the said purpose, he filed a petition under Section 304 of the Code of Criminal Procedur