Shivangi Prakash –
Published on August 10, 2021, at 14:51 IST
The Delhi High Court has ruled that a complainant cannot be impleaded as a party in a revision case before the Sessions Court, but can only aid the prosecution, which must make its own decision.
Quashing a Sessions Court judgement requiring the accused persons in a criminal case to include the complainant as a party in their appeal of a metropolitan magistrate Order.
The complainant at the highest can be a witness in the proceedings and assist through the State’s prosecutor, but he or she cannot be a party to the revision petition, according to Justice Yogesh Khanna.
“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.
The victim can join the proceedings when the High Court is dealing with a revision under Section 482 Code of Criminal Procedure, but the law is different when it comes to revisions before the Sessions Court, according to Justice Khanna.
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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