Top
Begin typing your search above and press return to search.
Top Stories

If The De Facto Complainant Has Right To Appeal, Why Can’t He Seek Further Investigation? SC Larger Bench To Examine [Read Order]

Ashok K.M
8 May 2018 5:13 AM GMT
If The De Facto Complainant Has Right To Appeal, Why Can’t He Seek Further Investigation? SC Larger Bench To Examine [Read Order]
x

The Supreme Court on Monday has referred to a larger bench to examine whether a criminal court is competent to direct further investigation at the instance of de-facto complainant, in the light of 2009 amendment of the Code of Criminal Procedure that created a right of appeal in favour of a victim.In this case, the Supreme Court was hearing a Special Leave Petition filed against the Bombay...

Your free access to Live Law has expired
To read the article, get a premium account.
    Your Subscription Supports Independent Journalism
Subscription starts from
599+GST
(For 6 Months)
Premium account gives you:
  • Unlimited access to Live Law Archives, Weekly/Monthly Digest, Exclusive Notifications, Comments.
  • Reading experience of Ad Free Version, Petition Copies, Judgement/Order Copies.
Already a subscriber?

The Supreme Court on Monday has referred to a larger bench to examine whether a criminal court is competent to direct further investigation at the instance of de-facto complainant, in the light of 2009 amendment of the Code of Criminal Procedure that created a right of appeal in favour of a victim.

In this case, the Supreme Court was hearing a Special Leave Petition filed against the Bombay High Court that had dismissed plea seeking further investigation relying on an apex court judgment in Reeta Nag v State of West Bengal.

In Reeta Nag case, it was held that the Criminal Court is not competent to direct further investigation at the instance of the de-facto complainant.

The bench of Justice J. Chelameswar and Justice Sanjay Kishan Kaul observed: “That judgment is rendered on the basis of the law as it existed prior to the judgment. By an amendment Act V of 2009 which came into force on 31st December 2009, a right of appeal is created in favour of a victim against the order of acquittal under the proviso of Section 372 CrPC. In the light of the above-mentioned amendment, the scheme of Section 173 CrPC, in our view, requires a further examination. We, therefore, deem it appropriate that this matter be heard by a larger Bench.”

Read the Order Here

Next Story
Share it