JUDGMENT :

(Anup Jairam Bhambhani, J.) :—

The Question & Factual Matrix

1. Does the victim's right to be heard include the obligation to be impleaded as a party-respondent in criminal proceedings? That is the question sought to be addressed by this judgment.

2. To understand in what context the question arises, a brief background of the matter would be necessary.

3. The present petition was filed under section 439 read with section 482 of the Criminal Procedure Code, 1973 (‘Cr.P.C.’), seeking grant of regular bail in case FIR No. 320/2022 registered under section 376 of the Penal Code, 1860 (‘IPC’) and under section 4 of the Protection of Children from Sexual Offences Act, 2012 (‘POCSO Act’) at P.S. : Jaitpur.

4. On the first date of hearing on 05.12.2022, while issuing notice on the petition, it was observed that the victim in the subject FIR had been made party-respondent in the matter, though her name and particulars had been anonymized or redacted. This, learned counsel for the petitioner said, was done on the specific directions of the Registry of this court. A report in that regard was called from the Registrar (Filing). Vide report dated 05.01.2023, the Registrar cited section 43