Published on: 11 October 2022 at 11:03 IST
Court – Supreme Court of India
Citation – JK International v. State (Govt. of NCT of Delhi) (2001) 3 SCC 462
Hon’ble Supreme Court of India has held that victim can make an application under aegis Section 302 of the Code of Criminal Procedure, 1973 before the Hon’ble Court of Magistrate who are intending to participate in the conduct of the prosecution is still wider.
However, such permission is limited to the Court of Magistrate, as the right of such private individual to participate in the conduct of prosecution in the Sessions Court is very much restricted and is made subject to the control of the Public Prosecutor.
Para – 12
The private person who is permitted to conduct prosecution in the Magistrate’s Court can engage a counsel to do the needful in the court in his behalf. It further amplifies the position that if a private person is aggrieved by the offence committed against him or against anyone in whom he is interested he can approach the Magistrate and seek permission to conduct the prosecution by himself.
It is open to the court to consider his request. If the court thinks that the cause of justice would be served better by granting such permission the court would generally grant such permission. Of course, this wider amplitude is limited to Magistrates’ Courts, as the right of such private individual to participate in the conduct of prosecution in the Sessions Court is very much restricted and is made subject to the control of the Public Prosecutor.
The limited role which a private person can be permitted to play for prosecution in the Sessions Court has been adverted to above. All these would show that an aggrieved private person is not altogether to be eclipsed from the scenario when the criminal court takes cognizance of the offences based on the report submitted by the police.
The reality cannot be overlooked that the genesis in almost all such cases is the grievance of one or more individual that they were wronged by the accused by committing offences against them.
Drafted By – Abhijit Mishra
Key Words – Application, Magistrate, Prosecution, Private Individual.