D.N.PRASAD, J. - (1.) THIS is an application under Section 482 of the Code of Criminal Procedure directed against the order, dated 9.7.2001 passed by the 1st Additional Sessions Judge, Jamshedpur in ST No. 578 of 1995, whereby and whereunder, the learned Sessions Judge allowed the petition dated 9.5.2001, whereby and whereunder the learned Court below passed an order that the private lawyer engaged in this case by the informant/petitioner will not argue the case on behalf of the petitioner.
(2.) ON the other hand, a counter -affidavit has also been filed stating therein that the Court below has given specific direction as per Section 301(2) of the Code of Criminal Procedure for filing the written statements with permission of the Court. Learned counsel appearing on behalf of the petitioner submitted that the learned Court below committed error in allowing the petition of the opposite - parties as the private counsel appearing on behalf of the inform -ant/petitioner was to argue the case and he also relied upon the case reported in, 2001 PLJR page 570 (SC). It is also submitted that a private party, who is aggrieved by the offence involved in the cases cannot be debarred from participation in the trial and as such the order impugned is fit to be set -aside.
(3.) ON the other hand, the learned counsel appearing on behalf of the opposite -parties contended before me that a counsel for the petitioner/informant has already been given opportunity to file written statements after permission of the Court as per Section 301(2) of the Cr PC. It is also submitted that the petitioner/informant is delaying the matter purposely in disposal of the case as there -was a specific direction by this Court passed in CWJC No. 36 of 2001 for hearing the matter day -to -day but in order to delay the disposal of the case, the petitioner is in habit of filing such petition.;