AIR 1967 MADRAS 276 ::1966 MadLW (Cri) 189 ::1967 MadLJ(Cri) 68 ::(1967) 1 MadLJ27

Madras High Court

Hon'ble Judge(s): Venkataraman , J

(A) Letters Patent (1865) (Mad) , Cl.9, Cl.10— Right of audience - Person not advocate on roll of High Court - He has no right of audience to represent accused. AIR 1937 Mad 937 (FB) and L. P. A. (S. R.) No. 1363 of 1966 (Mad) Rel. on. (Para 13) (B) Criminal P.C. (5 of 1898) , S.4(1)(r)— Scope - Definition of pleader is exhaustive - Person who is not Advocate, Vakil or Attorney requires permission of court to become 'pleader' as defined. (Para 14) (C) Constitution of India , Art.19(1)(f), Art.19(5)— Reasonable restriction - Previous permission of court u/S.4(1)(r) of Criminal P.C. is not an interference with fundamental rights of accused under Art.19(1)(f) and is justified under Art.19(5) as reasonable restriction. (Para 15) (D) Constitution of India , Art.19(1)(g), Art.19(6)— Reasonable restriction - S.4(1)(r) of Criminal P.C. does not purport to affect general right of person to carry on occupation of being power of attorney agent of others - Section comes into operation when such person seeks to act for accused and plead for him - Restriction in section ....