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TMI Blog2001 (2) TMI 1059X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 magistrate's 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 participat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... urt was the decision of this court in Bhagwant Singh vs. Commissioner of Police 1985CriLJ1521 . The learned single judge of the High Court of Delhi felt that the observations made by this Court in an earlier decision (Thakur Ram vs. State of Bihar 1966CriLJ700 ) are more appropriate to the fact situation and basing on those observations learned single judge rejected the petition filed by the appellant before the High Court. 6. The observations of this court in Thakur Ram which persuaded the learned single judge to shut the door before the appellant are the following: In a case which has proceeded on a police report a private party has really no locus standi. No doubt the terms of Section 435 (old Cr.P.C.) are very wide and he can eve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code. In the said context this Court made the observation which has been quoted by the learned single judge as extracted above. When the Public prosecutor is in management of the prosecution of a case a private person trying to interject in the case to re canalize the course of the prosecution has been disapproved by this Court. 8. But the situation here is different, as the accused approached the High Court for quashing the criminal proceedings initiated by the appellant. It may not be that the complainant should have been made a party by the accused himself in the petition for quashing the criminal proceedings, as the accused has no such obligation when the case was charge-sheeted by the police. It is predominantly the concern of the S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lic Prosecutor or Assistant Public prosecutor in charge of the case shall conduct the prosecution, and the pleader so instructed shall act therein under the directions of the public Prosecutor or Assistant Public prosecutor, and may, with the permission of the Court, submit written arguments after the evidence is closed in the case. 10. The said provision falls within the Chapter titled General Provisions as to Inquiries and Trials. When such a role is permitted to be played by a private person, though it is a limited role, even in the sessions courts, that is enough to show that the private person, if he is aggrieved, is not wiped off from the proceedings in the criminal Court merely because the case was charge sheeted by the police. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ader. 12. The private person who is permitted to conduct prosecution in the magistrate's court can engage a counsel to do the needful in the Court in his behalf. It further amplifies the position that if a private person is aggrieved by the offence committed against him or against any one in whom he is interested he can approach the magistrate and seek permission to conduct the prosecution by himself. It is open to the Court to consider his request. If the court thinks that the cause of justice would be served better by granting such permission the courts would generally grant such permission. Of course, this wider amplitude is limited to Magistrates' courts, as the right of such private individual to participate in the conduct ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her the informant would certainly be prejudiced because the FIR was lodged by him. After adverting to different clauses of Section 173 of the Code learned judges laid down the legal proposition in paragraph 5 of the said judgment. The law so laid down is that though there is no obligation on the magistrate to issue notice to the injured person or to a relative of the deceased in order to provide him an opportunity to be heard at the time of consideration of the final report of the police (except when the final report is to the effect that no offence had been made out in the case) the informant who lodged the FIR is entitled to a notice from the magistrate. In other instances, the injured or any relative of the accused can appear before the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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