Advocate can not make application on behalf of accused unless he is authorised by accused

Mukesh v. State of NCT, (2013) 2 SCC 587
 Criminal Law 
 Criminal Procedure Code, 1973 
 S. 406 - Criminal trial - Transfer of petition to another court - Transfer petition (TP) lacking authorisation from accused -
Arguing advocate if can press TP in his individual capacity - Meaning of expression party interested in S. 406(2) - Delhi
Bus Gang Rape Case, 16-12-2012 - TP filed on behalf of one of the accused on ground that he was not likely to get fair
trial in Special Fast Track Court in Delhi - Trial sought to be shifted to nearby district of Mathura or elsewhere where fair
trial could be ensured - TP filed through Advocate-on-Record and supporting affidavit signed by another advocate who
represented himself as accused's counsel - However at the time of hearing, another advocate intervening and

questioning authority of advocates pursuing TP - In view of controversy, accused's wishes sought through trial court
which reported that accused wanted to be represented by intervening advocate and accused had in fact already
discharged advocate who was pursuing TP - Pursuing advocate however insisting to argue TP in his individual capacity
under S. 406(2) - Held, he cannot be so permitted - In view of accused's statement, he had no authority or locus standi to
pursue TP, (2013) 2 SCC 58

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