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NAND PRABHA SHUKLA
Vishram Singh – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
NAND PRABHA SHUKLA, J.
1. Heard Sri Vishram Singh (petitioner in person), Sri R.K. Verma, learned AGA for the State and perused the record.
2. The present writ petition under Article 227 of the Constitution of India has been filed with the following prayers:
3. It has been submitted by Engr. Vishram Singh (petitioner in person) that he wants to appear as an Agent/Attorney to conduct and argue the case on behalf of Anand Kumar Rajpoot in Case Crime No. 04/2022 under Sections 504, 506 IPC, Police Station Swaroop Nagar, District Kanpur Nagar, Case No. 92145/2022 pending before learned Additional Chief Metropolitan Magistrate-II, Kanpur Nagar.
4. In the matter in hand one Rakesh Chandel who is an Advocate filed the case against Anand Kumar Rajpoot. As the said Advocate was an aggressive person, therefore, no Advocate agreed to contest on behalf of Anand Kumar Rajpoot. Accordingly, he wanted to engage Engr. Vishram Singh as Mukhtar/Attorney to conduct his case and moved an application 7-Kha with a prayer to appoint Engr. Vishram Singh as his Agent/Attorney to conduct and argue the case but the learned Sessions Judge, Kanpur Nagar, vide order dated 28.7.2023, had rejected the appli
Non-advocates may represent parties in court under specific circumstances, subject to judicial discretion and prior experience.
A private person may represent a party in court only with prior permission due to the professional restrictions on legal representation.
A power of attorney holder requires prior court permission to represent a party in court, emphasizing the distinct roles of licensed advocates and non-advocates in legal proceedings.
Right to appear before Court – Power of attorney holder cannot appear in Court on behalf of another, unless permitted by Court under Section 32 of Advocates Act, 1961.
A proclaimed offender cannot seek quashing of the FIR on the basis of a compromise, unless there are compelling circumstances such as being a minor, insane, or suffering from a disability.
The denial of permission to a Government Pleader to defend criminal cases against the Government within his district is justified to prevent conflicts of interest, while allowing exceptions for cases....
The main legal point established is that an advocate cannot act in the dual capacity of a power of attorney holder and an advocate, as it is contrary to the provisions of the Advocates Act, 1961.
A private individual can conduct prosecution in a Magistrate's Court under Section 302 of the CrPC, provided the court grants permission, distinguishing this from the role in Sessions Courts.
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