1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. CRIMINAL APPLICATION NO. 131 OF 2009 IN CRIMINAL APPEAL NO. 383 OF 2008 (State of Maharashtra .v. Natthu Atmaram Aawari and others) Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders. CORAM : A.P. LAVANDE AND PRASANNA B. VARALE, JJ. 19TH NOVEMBER, 2009. Heard Ms. Kirti Satpute, the learned Counsel for the applicants, Shri T.A. Mirza, the learned APP for the appellant and Shri S.V. Sirpurkar, the learned Counsel for the respondents. By the present application, the wife and the brother of the deceased seek permission to assist the prosecution. The respondents were charged with the offence punishable under Section 302 read with Section 34 of the Indian Penal Code and have been acquitted and they have been convicted for the offence punishable under Sections 304-II and 323 read with Section 34 of the Indian Penal Code. The State, by filing Criminal Appeal No. 383 of 2008, has sought conviction of the respondents for the offence punishable under Section 302 of the Indian Penal Code. Ms. Kirti Satpute, the learned Counsel for the applicants has placed reliance upon the judgment of the Apex Court in the case of Shiv Kumar .v. Hukam Chand and another (reported in 1999(7) SCC 467) in support of her submission that being the wife and brother of the 2 deceased, who was murdered, the applicants are entitled to assist the prosecution. Learned Counsel has placed reliance upon para 12 of the said judgment which reads thus :- “12. In the backdrop of the above provisions we have to understand the purport of Section 301 of the code. Unlike its succeeding provision in the Code, the application of which is confined to Magistrate Courts, this particular section is applicable to all the courts of criminal jurisdiction. This distinction can be discerned from employment of the words “any court” in Section 301. In view of the provision made in the succeeding section as for Magistrate Courts the insistence contained in Section 301(2) must be understood as applicable to all other courts without any exception. The first sub-section empowers the Public Prosecutor to plead in the court without any written authority, provided he is in charge of the case. The second sub-section, which is sought to be invoked by the appellant, imposes the curb on a counsel engaged by any private party. It limits his role to act in the court during such prosecution “under the directions of the Public Prosecutor”. The only other liberty which he can possibly exercise is to submit written arguments after the closure of evidence in the trial, but that too can be done only if the court permits him to do so”. In view of the above, we are of the considered opinion that the applicants are entitled to assist the prosecution in terms of Section 301 of the Code of Criminal Procedure. Needless to mention that the applicants only are entitled to assist the prosecution by filing written arguments. 3 Shri T.A. Mirza, the learned APP for the appellant and Shri S.V. Sirpurkar, the learned Counsel for the respondents have no objection if the application is allowed by permitting the applicants to submit written arguments. In view of the above, the application is allowed. The applicants are permitted to assist the prosecution in Criminal Appeal No. 383 of 2008 by filing written arguments. JUDGE JUDGE *rrg.