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SUBRAMONIUM PRASAD
IN THE MATTER OF: Sachin Kumar Aggarwal – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT :
SUBRAMONIUM PRASAD, J.
1. The Petitioner, who is the complainant and informant in FIR No.201/2022 registered at PS Tilak Nagar for offences under Sections 420/120B IPC, has approached this Court for setting aside the Order dated 05.11.2022 passed by Ld. Metropolitan Magistrate, West District, Tis Hazari Court, in Criminal Case No.8088/2022, rejecting the request of the Petitioner to lead oral arguments at the stage of arguments on charge. The learned Metropolitan Magistrate has held that the role of the victim is only to assist the prosecution and cannot be enlarged to permit addressing of oral arguments.
2. The short question which arises for consideration in the present Petition is as to whether the Petitioner herein should have been permitted to lead oral arguments at the stage of arguments on charge or not and the impugned Order be set aside and remanded back to the Court to permit the Petitioner to lead oral arguments.
3. Shorn of unnecessary details, the facts leading to the filing of the present petition are that:-
Victims have a right to participate in criminal proceedings, including making oral arguments, but this right is subject to the primacy of the Public Prosecutor.
The victim has a right to be heard in criminal proceedings, but this does not equate to an automatic right to be impleaded as a party in revision petitions.
The main legal point established in the judgment is that the term 'other person' in Section 401(2) of the Code includes a complainant/first informant if the order passed by the revisional court has t....
A victim has the right to be heard in bail proceedings, especially in serious offences, as mandated by the Protection of Children from Sexual Offences Act and corresponding rules.
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