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Victim Has Right To Assist The Court In A Trial Before The Magistrate: SC [Read Judgment]

Ashok Kini
7 Aug 2019 12:16 PM GMT
Victim Has Right To Assist The Court In A Trial Before The Magistrate: SC [Read Judgment]

"The Magistrate may consider as to whether the victim is in a position to assist the Court and as to whether the trial does not involve such complexities which cannot be handled by the victim."

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The Supreme Court has observed that, though the Magistrate is not bound to grant permission to a victim to conduct prosecution at the mere asking but the victim has a right to assist the Court in a trial before the Magistrate.

The bench comprising of Justice L. Nageswara Rao and Justice Hemant Gupta observed that if the magistrate is satisfied that the victim is in a position to assist the Court and the trial does not involve such complexities which cannot be handled by the victim, he/she would be within its jurisdiction to grant of permission to the victim to take over the inquiry of the pendency before the Magistrate.

In this case [Amir Hamza Shaikh vs. State of Maharashtra], the High Court granted permission to prosecute the offences under Sections 498-A, 406 read with Section 34 IPC. In appeal, the Apex Court opined that the High Court granted such permission without examining the relevant parameters. Referring to various earlier judgments including Mallikarjun Kodagali (Dead) represented through LRs v. State of Karnataka, the bench observed:

"We find that though the Magistrate is not bound to grant permission at the mere asking but the victim has a right to assist the Court in a trial before the Magistrate. The Magistrate may consider as to whether the victim is in a position to assist the Court and as to whether the trial does not involve such complexities which cannot be handled by the victim. On satisfaction of such facts, the Magistrate would be within its jurisdiction to grant of permission to the victim to take over the inquiry of the pendency before the Magistrate."

The Court also noted that, in Mallikarjun Kodagali, the Court approved the Justice Malimath Committee, wherein the victim's right to participate in the criminal proceedings which include right to be impleaded, right to know, right to be heard and right to assist the court in the pursuit of truth had been recognised. 

Click here to Read/Download Judgment




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