1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN JAIPUR BENCH, JAIPUR JUDGMENT S.B.CRIMINAL MISC. PETITION NO.2319/2009 Radheyshyam Vs. State of Rajasthan through P.P. S.B.Criminal Misc. Petition under Section 482 Cr.P.C. against the order dated 1.8.2009 passed by Smt.Archana Agarwal R.H.J.S. Addl. District & Sessions Judge (Fast Track) No.2, Kota in Sessions Case No.22/2007 whereby she refused to accept the application dated 31.7.2009. **** DATE OF JUDGMENT: October 26, 2009 HON'BLE MR.JUSTICE R.S.CHAUHAN Mr.Surendra Sharma, for the petitioner Mr.Javed Choudhary, Public Prosecutor BY THE COURT: 1. The petitioner has challenged the order dated 1.8.2009 whereby the Addl. District & Sessions Judge (Fast Track) No.2, Kota has refused to attest a document namely the petitioner's power of attorney. 2. It is the case of the petitioner that he is an under- trial lodged at Central Jail, Kota. He has certain accounts with the Punjab National Bank, Branch Rampura, Kota. Since he is incarcerated, he is unable to operate the said account. Therefore, he wanted to give a power of attorney to his son. However, the said power of attorney cannot be attested by the Public Notary as he is under judicial custody. Therefore, he has 2 requested the court to attest the said power of attorney. However, vide order dated 1.8.2009 the said application has been dismissed. Hence this petition before this Court. 3. The learned counsel for the petitioner has not been able to explain to this Court as to under what powers the court can attest the power of attorney in favour of his son. The petitioner's son is free to take a Public Notary with him to the Central Jail for attestation of the power of attorney. The the petitioner apprehends that the jail authority would not permit the petitioner's son to bring a Public Notary to the Jail for attesting the power of attorney. Such an apprehension is clearly misconceived. The Superintendent, Central Jail cannot prevent a Public Notary from meeting an under-trial prisoner. Therefore, there is nothing illegal or perverse in the order dated 1.8.2009. The petition is devoid of any merit. It is, hereby, dismissed. (R.S.CHAUHAN) J. BKS/-