Criminal Lawyer: The SC holds that the victim has a right to assist the court in criminal trial arising out of FIR.

Supreme Court of India

Justice L Nageswara Rao and Justice Hemant Gupta

The SC holds that 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 SC {AMIR HAMZA SHAIKH & ORS. v. STATE OF MAHARASHTRA & ANR.} in present case was considering the scope of Sec 302 Cr.P.C., that is, in which cases the complainant can be given the permission by the Magistrate to prosecute the offences arising out of FIR, and in which chargesheet has been filed by the police. In the said case, as the Magistrate rejected the application seeking prosecution by the complainant, and which order was set aside by the HC granting permission to prosecution. The SC sets aside the order of the HC and remands the matter back to the Magistrate, for fresh consideration of application, in view of legal position as reiterated by the SC. The HC has not considered the parameters of law and has not dealt with the facts of the case, while granting permission to the complainant to prosecute, therefore, that order was set aside.