Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court

The Delhi High Court has recently observed that a victim has a right to participate in the criminal proceedings but cannot override the Public Prosecutor who acts as an independent Officer of the Court.

Justice Subramonium Prasad said that the right of participation would always mean right to be heard but the victim's counsel cannot override an argument taken by the Public Prosecutor nor can the victim argue that the Public Prosecutor has made a wrong submission.

“The Public Prosecutor's role in a criminal proceeding is primary. The victim's Counsel can substantiate the arguments of the Public Prosecutor by bridging the gaps, if any, in the argument of the Public Prosecutor,” the Court said.

Justice Prasad was dealing with a plea moved by a complainant in a cheating case challenging an order passed by the Metropolitan Magistrate rejecting his request to lead oral arguments at the stage of arguments on charge.

The Metropolitan Magistrate had held that the role of the victim is only to assist the prosecution and cannot be enlarged to permit addressing of oral arguments.

Disposing of the plea, Justice Prasad agreed with a recent decision of a coordinate bench in VLS Finance Ltd. v. State & Ors. wherein it was held that the right to be heard given to a victim or complainant in a criminal case cannot be uplifted to a right to be impleaded in a criminal revision.

“Since the charges are yet to be framed, the trial Court is requested to hear the arguments of the victim as well giving primacy to the arguments of the Public Prosecutor and proceed as per law,” the Court said.

Counsel for Petitioner: Mr. Kanhaiya Singhal and Ms. Chandni Sharma, Advocates

Counsel for Respondents: Mr. Yudhvir Singh Chauhan, APP

Title: SACHIN KUMAR AGGARWAL v. STATE NCT OF DELHI & ORS.

Citation: 2024 LiveLaw (Del) 1271

Click here to read order