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B.N.AGARWAL, K.T.THOMAS, R.P.SETHI
J. K. INTERNATIONAL – Appellant
Versus
State (N. C. T. ) of Delhi – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The judgment establishes that an aggrieved private person has the right to be heard in criminal proceedings and cannot be excluded from participating in the conduct of prosecution once the proceedings are initiated (!) (!) .
The Court emphasizes that the right of the complainant or informant to be heard is fundamental and should be respected, especially at the stage of considering the quashing of criminal proceedings (!) .
The legal framework permits private persons who are aggrieved by an offence to participate in criminal trials, including the right to submit written arguments and be present during proceedings, even in cases where the police have laid a charge-sheet or the case is before a Magistrate or Sessions Court (!) (!) .
It is highlighted that the initiation of criminal proceedings based on a police report or FIR does not extinguish the private person's right to be heard; they remain a relevant participant in the process (!) .
The Court clarifies that when criminal proceedings are challenged for quashing, the private complainant or informant must be given a reasonable opportunity to be heard before any order is passed to quash the proceedings (!) .
The decision underscores that the procedural scheme of criminal law and the Code of Criminal Procedure support the participation of private persons in proceedings, and their rights should not be disregarded or foreclosed without proper hearing (!) (!) .
The Court sets aside the previous order that foreclosed the appellant from being heard and directs that the criminal proceedings can only be quashed after the private person is given a fair opportunity to present their case (!) .
Overall, the judgment reinforces the principle that justice requires that private persons who have a grievance or are directly affected by criminal proceedings must be afforded a chance to be heard, ensuring fairness and procedural integrity (!) (!) .
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Judgment
THOMAS, J.
( 1 ) LEAVE granted.
( 2 ) THE grievance of the appellant is simple and apparently innocuous that he too may be heard by the Court. But the High Court rolled down the shutters before him saying he has no right to be heard and the Court has no power to permit him to be heard. As his grievance was compounded by such denial he has filed this appeal by special leave.
( 3 ) A person accused of certain offences moved the High Court of Delhi for quashing the criminal proceedings pending against him in a Magistrates Court. Appellant informed the High Court that the criminal proceedings were initiated at his behest and hence he too may be heard before the criminal proceedings are to be quashed. A learned single Judge of the High Court of Delhi, while foreclosing the appellant from doing so, observed that the Court is "of the considered opinion that the right of the complainant to be heard ceases once cognizance is taken and he cannot thereafter continue to participate in the proceedings as if he were the aggrieved party who must have his say in proceedings. "
( 4 ) THE background is the following. Appellant filed a complaint before the police alleging that respondents 2 and
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