Banwari Lal Yadav v. State Of Rajasthan Through Pp

S.B. Criminal Miscellaneous (Petition) No. 3166/2018 Banwari Lal Yadav S/o Late Shri Birdha Ram Yadav, R/o HouseNo.310, Shri Gopal Nagar, Gopal Pura By Pass, Japur, The ThenAdditional Commissioner, Income Tax Department, Alwar. At PresentLodged In District Jail, Alwar. ----Petitioner Versus State Of Rajasthan Through Pp. ----Respondent For Petitioner(s) : Banwari Lal Yadav, along with his sonRahul Yadav, present in personFor Respondent(s): Mr. Prakash Thakuriya, P.P. HON'BLE MR. JUSTICE KANWALJIT SINGH AHLUWALIA / Order 10/09/2018 I have heard petitioner – Banwarli Lal Yadav, along with hisson Rahul Yadav, present in person and perused the contents of thepetition. Section 32 of the Advocates Act, 1961 reads as under :- “32. Power of Court to permit appearances in particularcases.-- Notwithstanding anything contained in this CourtChapter, any court, authority, or person may permit anyperson, not enrolled as an advocate under this Court, toappear before it or him in any particular case.” Petitioner – Banwari Lal Yadav present in person, hassubmitted that he shall execute special power-of-attorney in favour ofhis son– Rahul Yadav to permit him to conduct the trial on his behalf.Petitioner, present in person, has further submitted that his son – Rahul Yadav will conduct the trial in his presence. Petitioner has stated that heis not possessed of requisite means to engage a Counsel. The learned Public Prosecutor appearing for the State has noobjection, if the trial is conducted by Rahul Yadav, son of Banwari LalYadav, accused. Consequently, the present petition is allowed, subject tofiling of special power-of-attorney by Banwari Lal Yadav in favour of hisson – Rahul Yadav. Rahul Yadav shall be permitted to conduct the trial on behalfof Banwari Lal Yadav, in presence of Banwari Lal Yadav. (KANWALJIT SINGH AHLUWALIA),J ashok