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IN THE HIGH COURT OF ALLAHABAD
NAND PRABHA SHUKLA
Saroj – Appellant
Versus
State Of U.P. – Respondent
JUDGMENT :
Nand Prabha Shukla, J.
1.Heard Sri Himanshu Mishra, learned counsel for the petitioner, Sri Ratnesh Nandan Singh, learned AGA for the State and perused the record.
2. The present writ petition under Article 227 of the Constitution of India has been filed with a prayer to set aside the impugned order dated 31.08.2022 passed by Civil Judge (Junior Division) VII, Agra in Case No. 1299 of 2020 and order dated 07.08.2023 passed by Additional District and Session Judge, Court No. 20, Agra in Criminal Revision No. 254 of 2023, arising out of Case Crime No. 1126 of 2018 (Smt. Saraoj vs. State) under Sections 323 , 504, 506, 342 IPC, Police Station Jagdishpura, District Agra.
3. It has been submitted by learned counsel for the petitioner that the petitioner Smt. Saroj is the wife of the First Informant (now dead). After the death of her husband, the petitioner moved an application dated 14.06.2022 to implead her as necessary party to contest the case being the legal heir of the first informant.
4. The matter in brief is that the husband of the petitioner namely Senapati @ Bablu lodged an FIR dated 05.11.2018 under Sections 323 , 504, 506, 342 IPC at Police Station Jagdishpura, Distric
A legal heir can contest a case post-informant's death, but if involved in the offense, they may not qualify as a 'victim' under Section 2(wa) of the Cr.P.C.
The court held that only victims or legal heirs can challenge criminal investigations, reinforcing the principle that a third party lacks standing in criminal proceedings.
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....
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 main legal point established in the judgment is that eyewitness accounts can be sufficient to establish the death of a victim in cases of rash and negligent driving, and there may not be a need f....
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