August 10, 2021 12:03:52 pm
The Delhi High Court has held that a complainant cannot be impleaded as a party before the Sessions Court in revision but at best can assist the prosecution, which has to make an independent call.
Quashing an order passed by a Sessions Court directing the accused persons in a criminal case to implead complainant as a party in the revision filed by them against a metropolitan magistrate order, Justice Yogesh Khanna said that the complainant at the highest can be a witness to the proceedings and can participate through the prosecutor for the State but cannot be a party to the revision petition.
“I agree with the petitioner if we allow the complainant to participate before the Session’s it shall change the entire nature of the proceedings from criminal to civil and hence shall hamper independence of prosecution. The complainant can at best assist the prosecution, though prosecution in such a case has to make an independent call,” said the court.
Justice Khanna said that when the High Court has to deal with the revision under Section 482 CrPC, the victim can join the proceedings but the position of law is different when it comes to revisions before the Sessions Court. There is a bar under Section 401(2) CrPC – “No order under this section shall be made to the prejudice of the accused or another person unless he has had an opportunity of being heard either personally or by pleader in his own defence” – in a State case, the court said.
“A bare perusal of Section 401(2) Cr P C would show another person must be akin to an accused who can participate in the proceedings. The phrase in his own defence in clause 2 of Section 401 Cr P C strengthens this belief. The complainant is never heard in his defence and hence the word ‘other person’ referred to in Section 401 Cr P C is a person akin or similarly placed to an accused,” reads the order.
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