A complainant has no right to be heard in an anticipatory bail application under Section 438 of the Code of Criminal Procedure.

( 1 ) IN these two petitions filed under Section 438 of the Code of Criminal Procedure, the petitioners have sought anticipatory bail in respect of the case registered as F. I. R. No. 198/89 under Sections 498a, 406 etc. of the Median Penal Code.

( 2 ) THE short question which has arisen is whether Mr. K. K. Sud, counsel who has appeared on behalf of the complainant, should be heard in the matter or not ? Mr. P. P. Grover, counsel for the petitioners in these matters, has strongly objected to giving any hearing to the counsel for the complainant.

( 3 ) IT is true that only the State through the Delhi Administration has been joined as respondent in these two petitons and as a matter of fact, a case which the police has investigated on the basis of the F. I. R. No. 198189 only the State is the necessary party. The complainant or the witnesses who might have been examined in support of the case during the investigation are neither necessary nor proper parties. The offences which are committed by the persons are committed against the society and the State is the only party which has to prosecute the accused in those offences before the court of law and if any applications are moved during the trial pertaining to the said offences, it is only the State who can be given any hearing in the matter.

( 4 ) SECTION 438 of the Code of Criminal Procedure does not contemplate by itself any hearing to be given to the complainant party in a police case. Mr. K. K. Sud, counsel appearing for the complainant, has not been able to brought to my notice any provision of law or any case wherein it. may have been laid that even in a police case a complainant party can be given hearing. The various provisions in the Cbde of the Criminal Procedure, particularly Sections 417, 422. 493 and 494 bring out the importance of functions and duties of a Public Prosecutor. who is the sole authority to conduct the cases institued by the police on behalf of the State. He is supposed to act independently and exercise his own discretion to see that justice is done. in such cases. He has to conduct the proceedings in a fair mind without any prejudice towards the accused where s if the complaint is allowed to interfere in the procedings, it is evident that object of the complainant would not be to see only that justice is done in a particular case but in all probability such complainant would be swayed with the emotions to seek revenge or vendetta for his own satisfaction. Counsel representing the complainant cannot be as unbiased as a Public Prosecutor would be.

( 5 ) IN P. S. Saravanabhavanandam and another v. S. Murugairyyan and another, 1986 Cri. L. J. 1540, (l) a Single Judge of the Madras High Court considered the question whether a third party could pray for being impleaded in tlie proceedings before the criminal court. By making reference to Section 301 of the Code of Criminal Procedure, the Court found that the same enables the private parties to assist the prosecution and also submit written arguments with the leave of the court. It was held that there is no provision for a third party to intervene in the anticipatory bail application with a view to represent the matter before the court. The learned Single Judge laid down that when a party cannot be impleaded in a criminal proceeding, he cannot be permitted to come in under the guise of an intervener. At the same time the right of a party to represent a matter before the court cannot be whittled down into a straitjacket formula of locus standi which is unknown to criminal jurisprudence. Section 301 of the Code of Criminal Procedure reads as follows :

" (1) The Public Prosecutor or Assistant Public Prosecutor in charge of a case may appear and plead without any written authority belore any Court in which that case is under inquiry, trial or appeal. (2) If in any such case any private person instructs a pleader to prosecute any person in any Court, the Public Prosecutor or Assistant Public Prose