HC says complainant has right of audience

Observing that complainants have the right of audience at all crucial points of a criminal trial, the Bombay high court (HC) last week granted right of hearing to

Observing that complainants have the right of audience at all crucial points of a criminal trial, the Bombay high court (HC) last week granted right of hearing to a city resident, Prakash Sheth, who wants to oppose the discharge plea of one of the accused booked on his complaint.

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On the basis of a complaint lodged by Sheth in 2013, DB Marg police booked three persons for criminal breach of trust, dishonest misappropriation of property etc. One of the accused, Viresh Taswala, had preferred a discharge application which was dismissed by the metropolitan magistrate court at Girgaum in June 2017. Taswala then filed a revision application challenging the rejection of his plea in the sessions court, following which Sheth had filed an intervention application.

Sheth moved HC after the sessions court on July 27, 2018 held that he had the right to participate in proceedings, but his role was limited to assisting the public prosecutor in opposing the discharge plea and that he was not allowed to advance arguments separately.

Advocate Rahul Kadam, representing Sheth, argued the complainant would be prejudicially affected by the ultimate order passed on the discharge application, and as such he had the right of audience, especially in view of section 401(2) of the Code of Criminal Procedure (CrPC).

Kadam also pointed out a 2014 Supreme Court judgement holding that the complainant needs to be heard at every crucial and critical juncture of the trial so that his interests in the prosecution are not affected adversely.

Taswala opposed Sheth’s plea saying that the sessions court order was in no way adverse to the complainant’s interest as he [Sheth] was permitted to assist the prosecutor who can safeguard his interests.

Justice AM Badar accepted Sheth’s arguments and said, “The sessions judge cannot pass any prejudicial order affecting rights and interest of the accused or ‘other person’ (which includes complainant) without granting them opportunity of hearing.” He added, “The object behind this provision is to grant an opportunity of hearing to the affected persons and for adherence of the principle of natural justice.”